Reckless Conduct criminalizes a large contingent of crazy behaviors, from driving like a maniac down Main Street while aiming your car at bewildered pedestrians to firing off your pistol into the air like it’s an the end of the world celebration. Getting into a fight and throwing a frying pan at your law partner’s head may even constitute felony Reckless Conduct!
The New Hampshire Reckless Conduct statute states: “A person is guilty of Reckless Conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury.”
In order to convict on a charge of Reckless Conduct, the State must prove (beyond a reasonable doubt) and the jury must conclude that you acted recklessly. The term “Recklessly” is defined by statute. Acting recklessly means that you were ‘aware of and consciously disregarded a substantial and unjustifiable risk that serious bodily injury would (or could) result from the conduct.’
Reckless Conduct Penalties
Reckless Conduct can be charged either as a felony or a misdemeanor depending upon the circumstances. Reckless Conduct is a class B Felony when the person uses a deadly weapon. A deadly weapon is defined as a Firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury. Meaning that if you throw a frying pan at your law partner you may face a charge of felony Reckless Conduct. A Class B felony can land you in the State Prison up to 3 ½ to 7 years plus a $4,000 fine.
All other Reckless Conduct is a misdemeanor.
Simply pick up the phone and give us a call if you’re facing a charge of Reckless Conduct. We are always happy to talk with you about your case and explore with you what options and defenses may be available.
Our telephone number is: 603-595-5525