Deadly conduct is not an uncommon charge and it can happen to anyone. A seemingly transient situation, such as displaying a gun during an argument or firing one in the air during a celebration, could lead to deadly conduct charges. You may have believed it not to be a serious matter – nobody was hurt, the situation is over, so that should be the end of it.
Texas law does not see it this way and you are well aware of that if you are charged with deadly conduct in Texas. Being convicted of this offense can lead to jail, prison, and significant fines, in addition to being a stain on your criminal record. You cannot take this lightly. Even if you know your intentions were innocent, there are many elements to this offense that need expert legal interpretation.
Do not attempt to explain your actions to the police or prosecution on your own – you could easily end up hurting your case. Instead, contact the criminal defense lawyers from M|C Criminal Law to represent you. We have the knowledge and expertise to handle these cases and know how to beat a deadly conduct charge in Texas. The sooner you reach out to explain your situation, the sooner we start developing a defense strategy.
Deadly conduct is outlined in Texas Penal Code §22.05; there are two types of deadly conduct charges:
“(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.” and
(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.”
Deadly conduct under §22.05 (a) does not require (but may include) the use of a firearm and it is classified as a class A misdemeanor; the state may press charges for this crime if it believes your behavior could have caused serious bodily injury at the moment you took specific actions. In other words, a threat of future harm is not covered by this offense.
Deadly conduct §22.05 (b) necessitates the firing of a firearm in the direction of a person or any potentially occupied space; it is classified as a third-degree felony. Both of these offenses contain elements such as ‘recklessly’, ‘serious bodily injury’, ‘knowingly’, and others – while they may seem like standard terms, they have specific legal definitions.
To get a conviction, the state needs to prove all elements of the charges. Our attorneys for deadly conduct can use this to your advantage.
The legal definition of a deadly conduct charge in Texas may be a little confusing in practical terms, so let us provide some examples of this crime:
These are just a few common examples, but any behavior that meets the definition above could be charged as deadly conduct.
A misdemeanor deadly conduct conviction from §22.05 (a) can be sanctioned by a fine of up to $4,000 and a maximum jail sentence of one year, while a felony misdemeanor conduct conviction from §22.05 (b) can be sanctioned by a fine of up to $10,000 and a prison sentence of two to 10 years; the courts may also sentence the convicted person to probation instead.
The first and most important step is to hire expert criminal defense attorneys to represent you. We know how to beat a deadly conduct charge and make the laws work in your favor. We may attack the prosecution’s evidence, contest that there was a threat of imminent or serious bodily harm, or attempt to demonstrate that you acted in self-defense, alongside many other potential defenses.
In case the evidence is too strong and undeniable, we can negotiate a plea deal on your behalf for a lesser charge. However, we need to know exactly what happened and what evidence is being used against you. For that, we need to know your story and we will take it from there. Contact us to explain the situation so we can start building a defense.
