If you have been charged with deadly conduct, you may not understand the charge itself or the potential consequences. To get the information you need and begin finding a way forward, contact a criminal defense attorney at Barton & Associates Attorneys At Law, PLLC, as soon as possible.

Deadly Conduct Defined

The Texas Penal Code has two types of deadly conduct offenses under section 22.05. A person may be charged with deadly conduct under section 22.05(a) if that person “recklessly engages in conduct that places another in imminent danger of serious bodily injury.”

Under Texas Penal Code section 22.05(b), a person may be charged with deadly conduct if the person “knowingly discharges a firearm” in the direction of other people, a building, or a vehicle.

It is important to note that you can be charged with deadly conduct even if you did not cause any actual harm. All that the prosecution needs to prove is that you put someone else in imminent danger of serious bodily injury. With regard to discharging a firearm, the law specifically states that deadly conduct can be charged whenever a gun is fired at a building or vehicle, regardless of whether it is occupied.

What Is Reckless Conduct?

Texas law defines recklessness as when a person acts “with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.”

Reckless conduct would be conduct where the actor intentionally disregards a substantial risk of causing serious harm to others. Simple negligence is not enough to charge someone with deadly conduct. Furthermore, the potential risk must be “substantial” at the time the conduct occurred. Consequences that are not reasonably foreseeable are not enough to charge someone with deadly conduct.

Deadly Conduct Can Be Charged as a Misdemeanor or a Felony

Deadly conduct that falls under 22.05(a) is a class A misdemeanor. As a result, a conviction is punishable by the following:

• Up to one year in jail; and
• A fine of up to $4,000.

However, deadly conduct charged under 22.05(b) is a third-degree felony if it involves the discharge of a firearm. A felony conviction involves the following potential penalties:

• Prison time of up to 20 years; and
• A fine of up to $10,000.

As you can see, the consequences of a felony deadly conduct conviction are much more severe. However, no one wants to spend any time in jail or prison or have to pay thousands of dollars in fines. Contact an experienced criminal defense attorney to protect yourself whether you are facing a felony or misdemeanor deadly conduct charge.

Call or Email Barton & Associates Attorneys At Law, PLLC Today

Whether you have been charged with deadly conduct or some other offense, we can help you get a fair result. To speak with a criminal defense attorney at our firm, contact us today to schedule a free consultation.