July 18, 2024
Deadly conduct is a criminal offense that involves the reckless use of a weapon with the intent of causing serious bodily injury.
Examples of deadly conduct include discharging a gun in a public area during a fight, shooting up a person’s vehicle or residence, or firing a gun into the air in an attempt to intimidate.
Even brandishing a gun at someone can constitute deadly conduct. It doesn’t matter if the gun wasn’t loaded or fired; what matters is the potential risk and fear imposed upon the victim.
In this article, we discuss everything you need to know about deadly conduct and firearms in Texas. This includes the penalties, the statute of limitation, and what you should do if you or someone you love are facing these charges.
What Constitutes Deadly Conduct Under Texas Law?
According to Texas Penal Code § 22.05, a crime is considered a deadly conduct if:
- A person recklessly uses a weapon that places another person in danger of serious bodily injury
- A person knowingly discharges a firearm at or in the direction of one or more people, an occupied vehicle, a house, or a building
- A person knowingly points a firearm at or in the direction of another, regardless of whether the firearm is or isn’t loaded
Deadly conduct can result in either a misdemeanor or a felony charge, depending on the severity of the case.
For a person to get charged with deadly conduct, law enforcement must prove that the offender acted recklessly while fully aware of the dangerous nature of his or her action.
It doesn’t matter whether or not the offender intended to cause harm; simply the intention to carry out the act is enough to be classified as deadly conduct.
The act doesn’t constitute deadly conduct if the person uses the firearm for self-defense or accidentally discharges a firearm while following all safety precautions.
What Are the Penalties for Deadly Conduct?
Deadly conduct can either result in a Class A misdemeanor or felony charge. Regardless of the conviction type, offenders may lose their ability to possess a firearm even after paying the fine or serving their sentence.
Misdemeanor Charges
Prosecutors often file misdemeanor charges in a deadly conduct case when the situation involves a weapon other than a firearm, like a knife, machete, or an explosive. Penalties for Class A misdemeanors include:
- A prison term of up to 1 year
- Probation of at least 12 months
- A fine of up to $4,000
Felony Charges
If a firearm is involved, the court may reclassify the offense as a third-degree felony. A felony charge is a lot more severe than a misdemeanor charge. Penalties include:
- A prison term of 2 to 10 years
- Probation of at least 12 months
- A fine of up to $10,000
What is the Statute of Limitations for Deadly Conduct in Texas?
A statute of limitations is a law that prevents someone from being prosecuted for a crime after a certain period. In other words, it’s a “deadline” by which legal action must be initiated.
In Texas, the statute of limitation for misdemeanor deadly conduct is two years. Felony-level offenses have a statute of limitation of up to three years.
What is the Difference Between Deadly Conduct and Disorderly Conduct?
Deadly conduct and disorderly conduct both involve acting in a threatening and disruptive manner against an individual. According to Texas Penal Code § 42.01, an individual can be charged with disorderly conduct if they:
- Use vulgar, indecent, or abusive language in a public place
- Abuses or threatens a person in a public place
- Creates a toxic or poisonous odor in a public place via chemical means
- Discharges a firearm on or across a public road
- Displays a firearm or other deadly weapon in a public place with the intent to cause alarm
- Public indecency involving genital exposure
Convictions that don’t involve a gun or other deadly weapon are categorized under Class C misdemeanors. Class C misdemeanors are punishable by a fine of up to $500.
Convictions resulting from discharging a firearm in a public place, as well as brandishing a firearm or other deadly weapon to alarm, are classified as Class B misdemeanors. Penalties include up to 180 days in jail and a fine of up to $2,000.
How Does Probation for Deadly Conduct Work?
In Texas, probation for deadly conduct lasts at least 12 months. Depending on the severity of the case, the offender may face a longer probation sentence of 24 months, 36 months, or even longer.
The person on probation will need to comply with a range of conditions set by the court, such as:
- Regularly reporting to a probation officer
- Completing anger management or other counseling programs
- Restrictions on firearm ownership or possession
- Allowing the officer to search your home or vehicle upon demand
If a person violates the conditions of the probation, he/she may face additional penalties such as increased fines or serving the remainder of their probation in prison.
What Should I Do If I’ve Been Charged With Deadly Conduct In Texas?
If you’re accused of using a weapon in a threatening manner, contact an experienced criminal defense attorney.
Our attorneys at The Napier Law Firm will review the facts of your criminal case, investigate the charges against you, and develop a strong defense strategy to minimize the impact of the charges on your life and future.
Don’t just sit back and hope for the best; deadly conduct charges can seriously affect your freedom, reputation, and future opportunities.
Final Thoughts
Texas takes deadly conduct convictions very seriously.
The act of pointing a firearm at someone, even without the intent of pulling the trigger, is considered a punishable offense.
As long as there’s evidence that the offender placed another person in fear of serious bodily injury or death, the prosecution can pursue charges under Texas law.
If you or someone you love is facing a deadly conduct conviction, we can help. Reach out to The Napier Law Firm today for a consultation and take the first step toward defending yourself against these serious charges.