What is Reckless conduct in Arizona?

by Aaron Black • February 15, 2012

To be found guilty of most crimes in Arizona the state must prove a "culpable mental state" beyond a reasonable doubt. One mental state is "recklessly."

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."

An example of this would be if a person threw rocks at an occupied house. The owner comes outside just as the person is throwing one of the many rocks. The rock hits the owner and he is injured. This would be assault based on reckless conduct because the person throwing the rock should be aware of the danger yet still did it.

If you have been charged with a "reckless" offense call Phoenix Criminal Defense Lawyer Aaron Black at 480-729-1683 for a free consultation. Aaron Black obtained a Not Guilty verdict on a reckless assault case today! Aaron Black is a 2012 Southwest Super Lawyer Rising Star in Criminal/DUI Defense. This distinction is awarded to lawyers whose peers have ranked them as the top 2.5% of lawyers in heir field under 40 years old.