What is Deadly Conduct in Texas? Laws, Penalties, and Defenses

Deadly conduct is a criminal offense in Texas that involves putting someone else at risk of serious harm, either through reckless behavior or intentionally using a firearm. Depending on the circumstances, it can be charged as either a misdemeanor or felony under Texas Penal Code Section 22.05.

If you’re facing a deadly conduct charge, it’s crucial to understand the law, the potential penalties, and your legal options. In this article, we’ll break down everything you need to know about deadly conduct in Texas and how our skilled criminal defense attorneys can help protect your rights and future.

Texas Penal Code 22.05 – Deadly Conduct

Under Section 22.05 of the Texas Penal Code, a person commits the offense of deadly conduct in two main ways:

1. Recklessly engaging in conduct that places another person in imminent danger of serious bodily injury; or
2. Knowingly discharging a firearm at or in the direction of one or more individuals, a habitation, a building, or a vehicle, with reckless disregard for whether it is occupied.

To be convicted under the first part of the statute, the prosecution must prove that the defendant acted recklessly. This means they were aware of but consciously disregarded a substantial and unjustifiable risk that their conduct would place someone else in imminent danger of serious harm.

Misdemeanor Deadly Conduct

If a person recklessly engages in conduct that puts another in imminent danger of serious bodily injury, it is a Class A misdemeanor punishable by up to one year in county jail and/or a fine of up to $4,000.

Felony Deadly Conduct

Knowingly discharging a firearm toward an individual or occupied structure or vehicle is a third-degree felony. A conviction carries a prison sentence of 2-10 years and a fine of up to $10,000.

What Qualifies as Deadly Conduct in Texas?

Deadly conduct covers a wide range of reckless or dangerous behavior. Let’s look at some examples of conduct that could lead to criminal charges under Texas Penal Code 22.05.

Reckless Conduct Placing Another in Danger

Reckless conduct that creates a substantial risk of serious injury to another person can be charged as misdemeanor deadly conduct. Some examples include:

• Driving at extremely high speeds (100+ mph) in a residential area
• Swerving a vehicle toward a pedestrian or cyclist
• Throwing rocks or other heavy objects off a highway overpass

The key is that the person was aware of the risk their conduct created but consciously disregarded it, placing others in imminent danger as a result.

Discharging Firearm Toward Person or Occupied Structure/Vehicle

Knowingly shooting a gun in the direction of another person, a home, a building, or a vehicle is felony deadly conduct if the shooter acted with reckless disregard for whether the property was occupied.

The shooter does not have to aim directly at a specific person, but recklessness is generally presumed if they knowingly fired a gun in the direction of people or structures. Examples might include:

• Firing a gun into the air in a crowded public place
• Shooting at an occupied vehicle during a road rage incident
• Discharging a firearm toward a house after an argument with the occupants

Claiming you didn’t think the gun was loaded is not a defense to deadly conduct charges involving firearms. Under Texas law, recklessness and danger are presumed if you knowingly point a gun at someone, whether or not you believed it to be loaded.

Penalties for a Deadly Conduct Conviction in Texas

The criminal penalties for deadly conduct depend on whether you are convicted of a misdemeanor or felony.

1. For misdemeanor deadly conduct, you could face up to one year in county jail and/or a fine of up to $4,000.
2. A felony deadly conduct conviction carries a prison sentence ranging from 2-10 years and a fine of up to $10,000.

Beyond the court-ordered sentence, a conviction can have serious collateral consequences. You may lose your right to own or possess firearms. A criminal record can make it harder to find a job, secure housing, or pursue higher education.

If you hold a professional license, you could face disciplinary action or even lose your license.

Defenses to Deadly Conduct Charges

If you’ve been arrested for deadly conduct, you may have legal defenses available depending on the facts of your case. Some common defenses our attorneys could raise include:

• Lack of knowledge or intent: The defendant was not aware their conduct posed a risk of serious harm to others.
• No imminent danger: Even if the conduct was reckless, it did not place anyone in imminent danger of serious bodily injury.
• Reasonably unaware firearm was loaded: In cases involving guns, the defendant reasonably believed the firearm was unloaded.
• Self-defense or defense of others: The defendant’s actions were justified to protect themselves or someone else from unlawful force.
• Insufficient evidence of recklessness: The prosecution cannot prove beyond a reasonable doubt that the defendant acted recklessly under the circumstances.

Every case is different, so it’s important to have an experienced Texas criminal defense lawyer evaluate your situation and identify the strongest defense strategies for your charges.

Statute of Limitations for Deadly Conduct in Texas

In most cases, there is a limited window of time for prosecutors to bring deadly conduct charges after an alleged offense. This is known as the statute of limitations.

For misdemeanor deadly conduct, charges must generally be filed within two years from the date of the offense. For felony deadly conduct, the statute of limitations is typically three years.

However, there are some situations that can “toll” or pause the limitations period, giving prosecutors more time to file charges. It’s best to talk to a knowledgeable defense lawyer as soon as possible if you suspect you’re under investigation for deadly conduct, even if formal charges have not yet been filed.

How a Texas Criminal Defense Lawyer Can Help

If you’ve been arrested for deadly conduct, whether a misdemeanor or felony, it’s essential to act quickly to protect your rights and start building your defense. An experienced Texas criminal defense attorney can:

• Analyze the evidence against you and identify weaknesses in the prosecution’s case
• Raise applicable legal defenses to challenge the charges
• Negotiate with prosecutors to dismiss or reduce the charges in a plea bargain
• Advocate for your rights in court and hold the state to its high burden of proof

At Whalen Law Office, we have a proven track record of fighting for clients facing misdemeanor and felony charges, including deadly conduct. We understand the stress and uncertainty you’re going through, and we’re here to provide the guidance and representation you need every step of the way.

If you or a loved one has been charged with deadly conduct in Texas, don’t wait to get help. Contact us today to schedule a confidential consultation with one of our skilled defense lawyers. The sooner you have an aggressive advocate in your corner, the better your chances of beating the charges and moving forward with your life.