When you think about criminal issues, the words “intent” or “malice” often come into play. What happens, however, when someone doesn’t mean to cause harm to another – but their actions are so careless they have (or could have) that result?
This is where charges like “criminal recklessness” come into play.
How criminal recklessness is defined
Under Indiana Code § 35-42-2-2, criminal recklessness occurs when a person “recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person.” In simpler terms, if someone acts carelessly in a way that endangers another person’s safety, they could be charged with criminal recklessness.
What might that look like in real life? Consider these examples:
- A passenger in a vehicle is having a verbal fight with the driver. In a fit of rage, they grab the steering wheel and attempt to force the car off the road, causing a wreck.
- A celebrant at a wedding or a New Year’s Eve party gets a little too enthusiastic and fires a gun into the air without regard to the fact that the falling bullets can still injure or kill
- Friends are partying at the side of a pool or a lake, and one takes it into their head to push another into the water, where they strike their head
- A parent is rushed and trying to run errands, and they make the poor decision to leave their child in the car on a hot day while they run inside a store
Generally, criminal recklessness is charged as a Class B misdemeanor, but it can be elevated to a felony based on certain elevating factors, such as when it causes serious bodily injury, involves the discharge of a weapon into a dwelling place or puts a child in danger.
If you’ve made a mistake and are facing this charge, it’s best to have experienced legal guidance by your side as soon as possible.