Flowery Branch, Ga. - A young man has been arrested on several charges after being accused of trespassing into a restricted area below an overlook in Tallulah Gorge State Park.
The twenty-year-old was with a group of people. When they were approached by a DNR officer, he cursed at him and blew in the officer's face. He was arrested for reckless conduct and obstruction in Georgia.
As a Georgia Criminal Defense Attorney, I will cover the law behind the offense of reckless conduct. Reckless conduct is sometimes referred to as a “catch-all” offense. This is because it covers a vast array of behaviors. I will explain below.
Reckless Conduct in Georgia
The Georgia Code defines reckless conduct in Georgia as:
A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor. O.C.G.A. §16-5-40.
As you can see from the statute - reckless conduct can cover a vast array of behavior. Anything from using drugs in a public place to leaving weapons where children can access them.
Another important thing to note is that the law does not require any criminal intent regarding reckless conduct. Therefore, what will be analyzed is whether or no the accused person should have known that their behavior and conduct was reckless and dangerous.
There are different crimes that cover a group of behaviors. This is where having a highly experienced defense team is of the utmost importance.
If you or a loved one has been arrested, call us now. We can help you today.