Recklessly using weapons or utilizing them in a threatening manner is a crime known as deadly conduct in the state of Texas. Officers also have the right to arrest you for deadly conduct if you discharge a firearm in the direction of a person, vehicle, or building where people inhabit. Depending on the facts of the case, the offense can be classified as either a misdemeanor or felony and carries harsh penalties.
A conviction for deadly conduct can result in steep court fines, jail or prison time, and restitution in some cases. Unfortunately, the consequences of a deadly conduct conviction don’t stop there. Having a criminal conviction on your record could impact your career and the ability to obtain housing. Often employers and landlords will reject applicants because they have a criminal record. For these reasons and more, we highly recommend you seek a criminal defense attorney for legal representation.
Brownsville Deadly Conduct Attorney | Texas Penal Code 22.05
If you’ve been arrested for deadly conduct in the state of Texas, exercise your right to remain silent with law enforcement until you’ve contacted The Gracia Law Firm, P.C. Our Cameron County weapon and firearm crimes lawyers have helped hundreds of people obtain reduced or dismissed charges. Our motto for the firm is “we work hard, so that you can rest easy,” and our team does everything possible to uphold that by working tirelessly on each and every case we receive.
Call The Gracia Law Firm, P.C. today at 956-504-2211 to set up your first consultation free of charge. The Gracia Law Firm, P.C. represents clients throughout the greater Cameron County and Willacy County area including Harlingen, Palm Valley, Brownsville, La Feria, Olmito, San Benito, Rio Hondo, Port Isabel, Lyford, San Perlita and Raymondville.
- What is Deadly Conduct Under Texas Law?
- What is the Penalty for Deadly Conduct?
- Statute of Limitations for Deadly Conduct
- Additional Resources
What is Deadly Conduct?
Deadly conduct is an assaultive offense under Chapter 22 of the Texas Penal Code. The statute states an individual can be convicted of deadly conduct if they recklessly engage in conduct that places another person in imminent danger of serious bodily injury. The Texas Penal Code goes on to state a person can be charged with deadly conduct if they:
- Point a firearm at another person
- Discharge a firearm at or in the direction of a building or car with reckless disregard of whether it was occupied at the time
- Fire a firearm at or in the direction of another with wanton disregard for their safety
It’s important to remember that the offense of deadly conduct does not require an actual injury. Even the act of firing a gun in the direction of another person’s door satisfies the statute. The firearm also doesn’t have to be loaded to result in a criminal charge. According to the Texas statutes, any conduct that may cause death can be considered deadly conduct. That is why it’s so important you have an experienced defense attorney on your side if you’re charged with deadly conduct.
What is the Penalty for Deadly Conduct in Texas?
Deadly conduct is a serious offender under Texas laws and carries long-lasting penalties. The crime of deadly conduct without any aggravating factors is a class A misdemeanor. The maximum sentence for a class A misdemeanor includes:
- Up to 12 months in jail
- A fine of up to $4,000
If a firearm is involved, then the court will reclassify the offense as a felony. Instead of facing a class A misdemeanor, you’ll be charged with a third-degree felony. The maximum sentence for a third-degree felony includes:
- Up to 10 years in prison
- A fine of up to $10,000
As an additional consequence, you may lose the ability to possess a firearm due to your deadly conduct conviction.
Statute of Limitations for Deadly Conduct
Nearly all crimes in the state of Texas have a statute of limitations including deadly conduct. The statute of limitations is a deadline for prosecutors to file criminal charges against an alleged offender. The purpose of the limit is to help preserve the integrity of evidence that may have deteriorated over time.
The statute of limitations in Texas depends on the offense’s classification. If you were charged with a misdemeanor deadly conduct offense in Texas, then the crime has a statute of limitations of two years. Felony deadly conduct charges will result in a longer statute of limitations of up to three years.
Prison Policy Initiative – Visit the official website for the Prison Policy Initiative, which is a non-profit and non-partisan group dedicated to producing research to expose the harmful effects of mass criminalization. Access the site to read their data reports, articles, blog, and publications.
Texas Penal Code | Deadly Conduct – Visit the Texas Penal Code webpage to view Chapter 22, Section 5 which lists out the elements, penalties, and admissible defenses for deadly conduct. Access the site to read the definition of deadly conduct, learn the penalties, and read more about other related assaultive offenses.
Cameron County Attorney for Deadly Conduct, Texas
Deadly conduct is a serious offense that could land you in jail or prison. The best way to fight back against allegations is with an effective defense plan. Get yours started today with The Gracia Law Firm, P.C. . The attorneys at The Gracia Law Firm, P.C. have over a decade of experience aggressively helping their clients achieve reduced or dismissed charges. To learn your legal options, call 956-504-2211 today.
The Gracia Law Firm, P.C. accepts clients throughout the greater Cameron County area and surrounding counties including Hidalgo County and Willacy County.