Reckless Conduct is classified as a misdemeanor in Georgia, but what is intriguing about this charge is the mental aspect that must be proved by the prosecution.  With most crimes in Georgia, the mental element of the crime is some degree of intent.  However, with Reckless Conduct, the mental element the state must prove is criminal negligence, which is far easier to demonstrate than intent.

The statute reads that the defendant must have had a conscious disregard of a substantial and unjustifiable risk to human safety which was a gross deviation from the standard of care which a reasonable person would exercise in the situation.  Some examples of Reckless Conduct include shooting a gun in the direction of an occupied mobile home, driving a vehicle at a high rate of speed through a residential neighborhood, placing a baby, less than three months old, in a bed between two intoxicated adults, and allowing a three-year-old child to wander unsupervised away from her home.

In the event you are arrested for any criminal offense, the first step you should take in handling the matter is to contact an attorney to assist you with protecting your legal rights.


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