What is deadly conduct in Texas? Deadly conduct occurs when someone “recklessly engages in conduct that places another in imminent danger of serious bodily injury” or discharges a firearm at a person, vehicle, or building in a dangerous or reckless manner or a situation where one person recklessly places another person in danger.
When it comes to firearms in particular, things can get a little dicey — and there are a lot of ways in which a person can get charged with deadly conduct. You may not plan on firing your weapon recklessly at someone or something, but if you’re caught in a sticky situation and push comes to shove, you could still end up with a deadly conduct charge as a legal firearm owner/carrier. Heck…you could wind up with a deadly conduct charge even if you don’t fire the weapon.
Continue reading to learn about deadly conduct charges and take a look at the penalties you could face if convicted, or call Thiessen Law Firm today at (713) 864-9000 for relentless defense.
What is deadly conduct in Texas?
According to the Texas Penal Code § 22.05, deadly conduct occurs when:
- “A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
- 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.
- Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.”
To break it down even further, here are some defining characteristics of deadly conduct:
- Danger: Deadly conduct must involve an act that places someone at risk of serious bodily injury. Serious bodily injury is an injury that could result in death or permanent disfigurement. Keep in mind, however, that this doesn’t necessarily mean that an injury has occurred.
- Intent: If the injury occurred as a result of an accident, then it can’t be considered deadly conduct. However, this isn’t the same thing as being careless or reckless. There must be some “intent” or a generalized understanding that the conduct is dangerous. In other words, you may not “intend” to hurt someone, but if you “intend” to use your weapon in a reckless manner, then it’s still considered deadly conduct.
- Firearms: When it comes to deadly conduct and firearms, there are many nuances that are important to understand. For one, with deadly conduct, the firearm doesn’t have to be loaded — you simply have to point it in the direction of someone or something.
And even if you think the building or vehicle is unoccupied, that’s not good enough. You must be able to prove that you investigated the occupancy and confirmed that the building or vehicle isn’t occupied (which can be a difficult thing to prove).
Another thing to remember is that deadly conduct expands beyond office buildings, cars, and homes. It also includes boats, trains, dwellings, planes, and more. Anything that houses or transports people is considered fair game for a deadly conduct charge.
Deadly conduct examples
What are some real-life situations in which a person may be charged with deadly conduct? While the statutory language is broad enough to allow for countless scenarios, the most common examples of deadly conduct are as follows.
- Reckless driving: If you drive at high speeds through a neighborhood with a low speed limit or otherwise use your car as a weapon to threaten the life of another person, you can be charged with deadly conduct.
- Discharging a firearm in the direction of another person: The most common way that people are charged with deadly conduct is by shooting a gun in an area that could harm others, whether in the air in celebration or near an apartment building.
- Physical altercations involving other weapons: If, in the course of an argument or altercation, you brandish, throw, or swing a non-firearm weapon at another person, it is very likely that you will be charged with deadly conduct.
Is deadly conduct a felony in Texas?
Deadly conduct can be a felony in Texas, but this isn’t always the case. The more serious the prosecution deems the conduct to be, the more likely they are to charge the defendant with a felony.
As is the case with most other criminal charges, sentencing for deadly conduct charges can be heavily influenced by the defendant’s criminal background. If you have priors for assault or another form of reckless behavior, it is very unlikely that the prosecutor will go easy on you with a misdemeanor charge.
When is deadly conduct a misdemeanor in Texas?
Generally, prosecutors will elect to file Class A misdemeanor charges for deadly conduct when the person’s reckless behavior did not involve a firearm. It can be hard to say when a deadly conduct charge will be a misdemeanor instead of a felony because it is ultimately up to the prosecutor and how they interpret the defendant’s intent.
Is there a statute of limitations for deadly conduct in Texas?
Statutes of limitations limit the time the state has to charge someone with an offense, and yes, like most charges* in Texas, there is a statute of limitations for deadly conduct.
- The statute of limitations on misdemeanor deadly conduct in Texas is two years from the date of the alleged conduct.
- The statute of limitations on felony deadly conduct in Texas is three years from the date of the alleged conduct.
*There is no statute of limitations on murder, manslaughter, and aggravated sexual assault, among other serious crimes.
What is the punishment for deadly conduct in Texas?
The punishment for a deadly conduct conviction in Texas will depend on whether you were convicted of misdemeanor or felony deadly conduct.
| Offense | Charge | Maximum fine | Jail time |
| Misdemeanor deadly conduct | Class A misdemeanor | $4,000 | Up to 1 year |
| Felony deadly conduct | Third-degree felony | $10,000 | 2 – 10 years |
Deadly Conduct vs. Aggravated Assault: People often confuse deadly conduct with aggravated assault. In Texas, aggravated assault is considered a second- or first-degree felony. Aggravated assault happens when an assault causes bodily injury, or the victim is a family member or public servant. If you’ve been charged with aggravated assault and you’re looking for a Houston aggravated assault lawyer, check out the following resources:
- Is assault a felony?
- How to beat an assault charge in Texas
- What is the difference between assault and aggravated assault?
How to beat a deadly conduct charge in Texas
While beating a deadly conduct charge in Texas is tough, it isn’t impossible. The defense strategy that works for you will depend upon the circumstances of your case, but some of the more common defenses to these charges include:
- Lack of recklessness: Your attorney may attempt to demonstrate that you did not act recklessly or with a conscious disregard for the safety of others. This can include showing that you took reasonable precautions or could not have possibly predicted the risk your actions would pose to the safety of others.
- Absence of imminent danger: Your attorney may argue that your alleged conduct did not place anyone in immediate danger of serious bodily injury.
- Self-defense: According to the Texas self-defense laws, if your actions were in response to an immediate threat to your own safety, you may have an affirmative defense to deadly conduct.
- Lack of evidence: As always, the burden of proof rests on the state’s shoulders. If they don’t have sufficient evidence to prove beyond a shadow of a doubt that you committed a deadly conduct offense, a good lawyer should be able to secure a dismissal or Not Guilty verdict.
The defense strategy that will be right for you doesn’t just depend on the circumstances of your case — it also depends on the quality of your lawyer. You need to make sure you hire the best criminal lawyer Houston has to offer if you want to walk away with your freedom intact.
Facing charges for deadly conduct in Texas? Call Thiessen Law Firm today.
Now that you know the answer to the question “What is deadly conduct?”, it’s time to get serious if you are facing a charge. The first step you should take is to seek out a qualified and experienced Texas assault defense attorney who can defend you against serious consequences.
Mark Thiessen of Thiessen Law Firm is a top criminal defense attorney and a 12-time Texas Superlawyer. He made his name taking high-stakes cases to court and winning them for clients in tough situations.
Whether you’re looking for an attorney for deadly conduct, assault on a family member, or assault with a deadly weapon, you can rest assured that the Houston criminal lawyers at Thiessen Law Firm are up to the task. Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to fight for your life.
More Helpful Articles by Thiessen Law Firm:
- What to Do if Someone Gets Arrested in Texas
- What To Do When Pulled Over By The Police
- What is Considered Reckless Driving in Texas?
- Is Resisting Arrest a Felony in Texas?
- How to Beat a Murder Charge in Texas
