Dallas Deadly Conduct Attorney

In Texas, deadly conduct is a crime that, by statute, encompasses a wide array of conduct.  If it is alleged that you have “recklessly” engaged in behavior that “places another in imminent danger of serious bodily injury,” you can be charged with this crime.  “Recklessness” is a mental state in which you knew, or should have known, what the potential consequences of you actions might have been.  For example, if you’re driving down the street and you shoot a gun through the window of someone’s home, you know (or, at least, you should!) that a possible consequence of this action is to place someone in imminent danger of serious bodily injury, even if your intent was not to harm anyone.  If you knowingly discharge a firearm in the direction of a person, a home, a building, or a vehicle, and

it is alleged that you are reckless as to whether any of these is occupied, you can be charged with deadly conduct.  If the allegation of deadly conduct doesn’t involve a firearm, the offense is classified as a Class A misdemeanor, which is punishable by up to 1 year in the county jail and a $4000 fine.  If a firearm is involved, it’s a third degree felony, which could land you in state prison for between 2 and 20 years, and get you fined up to $10,000.

 

Texas Penal Code Section 22.05. DEADLY CONDUCT. (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. (c) 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. (d) For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01. (e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

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