Griffin, Ga. - Spalding County authorities arrested two young men after a young child discovered a gun inside their car and shot himself in the leg and foot. They have both been charged with cruelty to children and reckless conduct.
As a Georgia Criminal Defense Attorney, I will outline the law behind criminal offense of reckless conduct and how it applies in this situation.
Reckless Conduct in Georgia
Reckless Conduct in Georgia is defined by Georgia Law in O.C.G.A. §16-5-40 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.
According to the law, the prosecution must demonstrate that the suspect is guilty beyond a reasonable doubt. This means that it must be proven beyond a reasonable doubt that an 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. 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.
Most of the time, a reckless conduct conviction is classified as a misdemeanor. However, there are some circumstances where a reckless conduct charge is considered a felony. If a person who is infected with HIV and who knows they are infected with HIV commits a certain action as proscribed by law then they will be guilty of a felony and shall face a penalty of no more than ten years in prison.
In addition to serving time in prison and possibly paying a fine, a defendant could also be subject to a personal injury lawsuit from the victim. The victim could sue the defendant for damages that resulted from the crime and could include lost wages, medical costs, pain and suffering, and rehabilitation.
Call our offices now if you or a loved one has been accused of committing a criminal offense in the state of Georgia. We can help you today.