Deadly conduct is a Texas criminal offense. The deadly conduct statute has two levels of prohibited behavior:
- Recklessly engaging in conduct that places another person in imminent danger of serious bodily injury, or
- Knowingly discharging a firearm in the direction of a person or of a vehicle or building that might be occupied.
Defendants charged with deadly conduct may also be charged with aggravated assault or similar offenses.
Reckless Conduct That Endangers Others
The first part of the statute deals with behavior that puts others in serious, immediate danger. In legal terms, recklessness is a step beyond carelessness. You’re acting recklessly if your behavior is so careless that it would be considered an extreme departure from the care a reasonable person would exercise in similar circumstances. The statute sets out an example of reckless behavior: Pointing a firearm in someone’s direction, whether or not you believe it’s loaded.
Violating this provision of the Texas deadly conduct statute is a Class A misdemeanor. Conviction can be punished by a fine of up to $4,000, a jail sentence of up to one year, or both.
Discharging a Firearm in the Direction of Others
The second part of the statute covers even more serious behavior: firing a weapon in a situation where it could hurt or kill someone. You do not have to be shooting at a particular person to commit this crime. It is enough that you fire a weapon in the direction of someone, or toward a vehicle or building without knowing whether or not someone is inside. Someone who takes part in a drive-by shooting could be charged under this part of the deadly conduct law.
Violating this part of the statute is a third-degree felony. It is punishable by a prison sentence of two to ten years. The judge may also impose a fine of up to $10,000.
Getting Expert Help With a Deadly Conduct Charge
Judges sentencing someone who has been convicted of deadly conduct will take into account the offender’s criminal history, the actual harm that resulted from the conduct, and other circumstances particular to the case.
Any criminal conviction can have a huge impact on your life. If you are charged with the crime of deadly conduct, consult an experienced local attorney who is familiar with the criminal justice system where you live for advice on how to approach the case.
