Local daycare employees discovered her 4-year-old son after he had wandered away from their mobile home in Kennesaw. The little boy had walked nearly two blocks without shoes from the home to the daycare to cry for help. This was also on August 13th – a day where temperatures reached 95 degrees outside. The staff called police who came to pick the child up and take him home.
Officers reported that the home was in “complete disarray.” They found Cruz in the bedroom passed out as well as another child wandering around the home unsupervised with a bloody nose. Officers determined that Cruz was passed out due to alcohol intoxication.
As a Georgia Criminal Defense Lawyer, I will dive deeper into the law behind reckless conduct in today's post. Georgia Law regarding reckless conduct is rather broad, and many people are confused as to what behavior or acts actually constitute reckless conduct.
Reckless Conduct in Georgia
Reckless conduct in Georgia is defined by Georgia Law in O.C.G.A. §16-5-60 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.
In order to be convicted of reckless conduct, the prosecution must demonstrate that the suspect is guilty beyond a reasonable doubt – just as with any other crime.
The prosecution must prove that a reasonable the act taken was not one that a reasonable person would have done. The Court will analyze several factors to try and determine whether or not the defendant should have known that their conduct was dangerous. This is so that the comparison to a reasonable person is relative to the different circumstances that an individual may face. Some factors include but are not limited to the accused's age, education, mental capacities, the nature of the crime, and state of mind at the time of the offense.
Generally, a conviction for reckless conduct is considered a misdemeanor. A misdemeanor conviction in the state of Georgia can include up to twelve months of jail time as well as fines up to $1,000.
The consequences of a conviction are serious and can alter a person's reputation forever. That is why no one should attempt to handle criminal charges on their own without legal representation.
Hiring a Georgia Criminal Defense Attorney gives you and your case the best chance at the best possible outcome. If you or a loved one has been arrested, contact our offices today. We can help you with your case now.