I have been charged with Reckless Conduct will I be charged with assault?

by Aaron Black • July 28, 2017
Reckless conduct charges in ScottsdaleIn order to be found guilty of most crimes in Arizona the state must prove a "culpable mental state" beyond a reasonable doubt. One culpable mental state is "recklessly."

"Recklessly" mental state in Scottsdale, AZ

Arizona Revised Statute 13-105(10)(c) defines recklessly as, "with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregarded of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such a risk solely by reason of voluntary intoxication also acts recklessly with respect to such a risk."

The charge for reckless conduct would be assault. According to AZ Legal (13-1203) you can be charged under the following conditions listed below.

AZ Legal Assault Classification

  • Intentionally, knowingly or recklessly causing any physical injury to another person; or
     
  • Intentionally placing another person in reasonable apprehension of imminent physical injury; or
     
  • Knowingly touching another person with the intent to injure, insult or provoke such person.
     
  • Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.
An example of reckless behavior would be if a person threw rocks at an occupied house. As they were throwing the rocks, the owner comes out of the house and the rock hits and injures him. This would be assault based on reckless conduct because the person throwing the rock should have been aware of the danger and yet still did it.

Misdemeanor penalties

Depending on the severity of the assault that you are being charged with the penalties range from a misdemeanor to felony assault. To learn more about the penalties please click here.

If you are facing reckless conduct charges, contact me for a free consultation. I have spent countless hours in the courtroom and argued over 50 trials. Through my trial experience I have focused on sharpening my litigation skills which gives me invaluable insight into the legal system.
 
Good people sometimes find themselves in bad situations. To me that does not mean that those caught in a bad situation are criminals or even guilty of a crime. To learn more about my criminal defense experience or to set up a free consultation today call 480-729-1683.