Deadly Conduct text over Texas flag in background
Deadly Conduct text over Texas flag in background

Deadly Conduct

The Deadly Conduct crime in the state of Texas gives police the right to arrest you if they believe you recklessly put others in imminent danger of serious bodily injury. Police also have the right to arrest you for Deadly Conduct if they believe you discharged a firearm in the direction of a (1) person or even (2) at a vehicle or building if they think you were reckless about whether people could be inside the vehicle or building. Learn more detailed information about the Deadly Conduct offense below.

Have you been charged with Deadly Conduct? Call criminal lawyer Paul Saputo at (888) 239-9305to discuss legal representation.

Deadly Conduct is classified in the Texas Penal Code under Title 5 “Offenses Against The Person”, Chapter 22 “Assaultive Offenses.”

What is the current Texas law about Deadly Conduct?

The current Texas law is as follows:1

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

Under the law, recklessness and danger are presumed if the you knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.2

How can I be charged with Deadly Conduct?

You can be charged with Deadly Conduct if the state’s attorneys believe that each of the elements of 22.05(a) or 22.05(b), as described in the section above, have been met according to the accusation or complaint.

What is the punishment for Deadly Conduct?

An offense under subsection (a) would make a conviction for Deadly Conduct a Class A misdemeanor,3 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors

An offense under subsection (b) would make a conviction for Deadly Conduct a Felony of the Third Degree,4 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.


Legal References:

1 Texas Penal Code §22.05. Subsection (a) does not require the use of a firearm for a conviction, whereas subsection (b) requires the use of a firearm.

2 Texas Penal Code §22.05(6)

3 Texas Penal Code §22.05(e)

4 Texas Penal Code §22.05(e)

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