deadly conduct

Deadly Conduct | What is Deadly Conduct in Texas

What is Deadly Conduct?

Texas is the only state that has a specific “Deadly Conduct” law. Under Texas Penal Code Sec. 22.05, a person commits this offense if he or she uses a weapon in a threatening, reckless or a dangerous manner. In Texas, “deadly conduct” can be charged as either a misdemeanor or a felony depending on circumstances.

Deadly Conduct occurs any time a person engages in any type of conduct that they know or should know will place someone else at risk of suffering bodily harm.

  • For example: If you point a gun at someone else, you can be charged with deadly conduct even if you never fired a weapon or intended to fire it. The fact that you intentionally pointed a gun and that you knew or should have known that pointing a gun poses a danger to someone else is enough to be charged with a misdemeanor offense of deadly conduct. Whether your gun is loaded or not is irrelevant. What matters is that you pointed the weapon at others.

“Intent” Requirement for Deadly Conduct:

When it comes to deadly conduct, it is important that a person acted intentionally, but not necessarily with the intent to cause harm.

  • For example: If you are hunting and you accidentally fall, causing your rifle to fire, this will not be enough to be charged with deadly conduct.
  • On the other hand: If you are hunting and then you decide to fire at a building you just came across, without checking if anyone else is inside, then you’ve committed an act of deadly conduct. It is important to note that a person may not intend to hurt someone, however, if they are indifferent to the safety of others when using their weapon, then they would have engaged in deadly conduct.

Deadly Conduct with a Firearm

Deadly conduct can occur if someone brandishes a weapon at another, but it can also happen if the weapon is fired. Texas law provides that a person engages in deadly conduct if they fire at another person or if they fire a weapon at a home, vehicle, building or other structure without knowing or investigating whether the building is occupied. These buildings or vehicles do not need to be occupied at the time that they are fired upon, but merely that they are capable of housing or transporting people. Deadly Conduct by Discharging a Firearm is a third degree felony.

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Texas Penal Code 22.05

Punishment for Deadly Conduct

Deadly conduct can be classified as either a Class A misdemeanor or a Third-Degree felony.

  • Fines: A Class A misdemeanor offense in Texas has a potential fine of up to $4,000, while felonies can have fines of up to $10,000.
  • Jail: Convictions for a misdemeanor offense can result in up to a year in a county jail, while for a third-degree felony offense in Texas is punishable to 2 to 10 years in prison. Jail sentences can be imposed in addition to fines or they can be given as a separate punishment.
  • Probation: Probation sentences usually last at least 12 months, but there is a possibility for an even longer probation sentence of 24 months, 36 months or even longer. The court will require a person on probation to comply with a wide range of probation conditions such as reporting to a probation officer, allowing the officer to search your home or vehicle upon demand, not possessing firearms and not committing more crimes. Violation of probation can result in additional penalties, such as increased fines or having to serve the remainder of the sentence in jail.

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If you or a loved one is facing a charge of deadly conduct, call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese
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