Monday, June 1, 2020

WHAT IS RECKLESS CONDUCT UNDER ILLINOIS LAW?

Events in the news have sparked public outrage, which has resulted in protests and civil unrest. Sometimes these protests get out of hand, and participants may find themselves arrested for an offense such as reckless conduct.

Under Illinois law, you commit reckless conduct when you, by any means lawful or unlawful, recklessly perform an act that (1) causes bodily harm or endangers the safety of another; or (2) causes great bodily harm or permanent disability or disfigurement to another. (See 720 ILCS 5/12-5). The first type of reckless conduct is a Class A misdemeanor, punishable by up to one year in jail. The second type is a Class 4 felony, punishable by one to four years in prison.

Reckless conduct can apply to a variety of actions from striking someone in the head to mishandling a gun.

If you have been charged with reckless conduct or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Were your actions truly reckless? Illinois courts have held that negligence alone is not enough. Illinois law defines “acting recklessly” as consciously disregarding a substantial and unjustifiable risk that a certain result will flow. Courts look at whether such disregard grossly deviates from the risks a reasonable person would take in the same situation.

In defining recklessness, the court reviews all the facts and circumstances of your case. An experienced attorney can help you present those facts in their most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: People v. Gosse.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

No comments: