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.

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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