Shooting a Building Can Be Deadly Conduct, Too

Responsible gun ownership and adherence to applicable laws are fundamental principles upheld by proponents of gun rights. The lawful use of firearms is crucial to protect individual liberties, personal safety, and the preservation of one’s property. It is important to recognize that responsible gun ownership entails understanding and complying with the legal framework surrounding firearms.

Legal firearm use for civilians generally involves activities such as self-defense, hunting, sport shooting, and target practice. Proponents argue that these activities contribute to personal development, physical discipline, and fostering a sense of responsibility. When exercising the right to bear arms, it is essential to prioritize safety, proper training, and adherence to local, state, and federal regulations governing firearm possession and usage.

Shooting a building can be seen as an act of deadly conduct that poses significant risks and potential harm to individuals and property. Such an act involves the intentional discharge of a firearm or weapon towards a structure, potentially endangering the lives of those within and around it. This makes it a serious criminal offense.

Deadly conduct charges for shooting a building or vehicle

Deadly conduct is a type of assault charge, but it only applies if you:

• Discharge a firearm in the direction of one or more people
• Discharge a firearm at a house, building, or vehicle with reckless disregard as to whether the space is occupied
• Pointing a firearm at another person, even if you believe it to be empty

If you know for a fact that there is no one in that abandoned building, and you know for a fact that you are alone, then there is no “reckless disregard as to whether the space is occupied.”

Why is it dangerous to shoot at a building?

First and foremost, shooting a building puts innocent lives at risk. Occupants inside the building, including residents, employees, or visitors, can be directly hit by bullets or injured by fragments and debris caused by the shooting. Even if the building is vacant at the time, nearby pedestrians or bystanders may be in harm’s way, potentially suffering grave injuries or fatalities.

Moreover, shooting a building can cause significant property damage. Bullets can penetrate walls, windows, or other structural components, leading to structural instability, destruction of valuable assets, and extensive financial losses. Repairing the damages incurred can be a costly and time-consuming process for both individuals and businesses, impacting their livelihoods and overall well-being.

In addition to the immediate physical harm and property damage, shooting a building also instills fear, panic, and a sense of insecurity within the community. Such acts of violence can have long-lasting psychological effects on the victims and witnesses, leaving them traumatized and anxious about their safety. The overall social fabric of the affected area may be disrupted, leading to a decline in trust and a heightened atmosphere of fear and unease.

Given the gravity of shooting a building and its potential consequences, law enforcement agencies and legal authorities take these incidents very seriously. Perpetrators can face criminal charges, including assault, attempted murder, or even homicide, depending on the circumstances and resulting harm. It is crucial for communities to work together to prevent such acts, report any suspicious activity promptly, and support efforts to maintain a safe and secure environment for everyone.

What are the laws around discharging my firearm?

In accordance with Texas Code 42, sections §42.12 & §42.01, there are several restrictions to be aware of when discharging your firearm. §42.01 states that it is illegal if someone:

• Discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
• Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
• Discharges a firearm on or across a public road.

Under §42.12, “A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.”

It is important to note that any illegal or unlawful use of firearms, including firing them illegally or engaging in criminal activities, is strictly condemned by responsible gun owners and the broader gun rights community.

How a Killeen defense lawyer can help if you’re facing deadly conduct charges

If you are charged with deadly conduct for firing at a building, home, or vehicle, we will fight to prove that such charges do not apply. We may do this by presenting evidence that shows:

• The building was empty, and you took steps to ensure that it was.
• If there were people present:
  • They were nowhere near the building, home, or vehicle.
  • No harm was threatened or inflicted.
  • All parties were aware of the situation and had given consent.
• That the alleged “weapon” does not fit the definition of firearm.
• That you were not the person who actually fired the firearm.
• That you were legally within your rights to fire.

At the Mary Beth Harrell Law Firm, our team of Killeen criminal defense attorneys is dedicated to safeguarding the rights of individuals in situations similar to yours. We understand the gravity of the charges you are facing and are here to provide the assistance you need. Instead of attempting to navigate the legal process alone, allow us to offer our expertise and support. To schedule a consultation with us, call us at our offices in Killeen and Copperas Cove, or through our contact form. We proudly serve all of Central Texas, including Coryell, Williamson, Bell, and McLennan Counties, and Temple, Waco, Belton, and Harker Heights.