What Is Felony “Deadly Conduct” in Texas?

Here in Texas, deadly conduct is a criminal act committed when an individual engages in conduct that recklessly places others in immediate danger of serious injury or death. Typically this is reckless or careless use of a weapon and, depending on the circumstances, can be charged as either a misdemeanor or a felony.

Texas criminal code defines deadly conduct under Section 22.05: “A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.” Serious bodily injury means any injury that creates a substantial risk of death or one that causes death, disfigurement, or impairment of any bodily function or organ.

The law also goes on to say that: “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.”

This law stands if you even just point a firearm at an individual or group of individuals, and whether or not the firearm was loaded at the time.

What is the penalty for a deadly conduct conviction?

Penalties for deadly conduct can vary widely, depending on the circumstances surrounding your arrest, and whether or not a firearm was involved. Without a firearm, it’s a misdemeanor; with a firearm, it’s a third-degree felony. A conviction can result in a $10,000 fine, up to 10 years in jail, ineligibility to own a firearm, and a criminal record.

These penalties don’t include the consequences of conviction, also called collateral consequences. You can serve your jail time, and you can pay off your penalties, but a criminal conviction can follow you for a long time. A criminal conviction can affect your future in some of the following ways:

• Put your career at risk. Having a felony on your record can affect your ability to secure employment or keep the one you have. It can cause you to be dishonorably discharged from the military. Your criminal record will also show up on employment background checks.
• Take away your right to own a gun. Under the Federal Gun Control Act, convicted felons cannot own firearms. You must wait five years after serving your sentence or probation before regaining that right, and then you may only possess a firearm at your private residence.
• Your right to vote. Here in Texas, individuals convicted of a felony may not vote or register to vote until they have served out the terms of their sentence.

This is why it’s so important to have experienced criminal defense on your side if you’re charged with a serious crime like deadly conduct – your attorneys fight to protect your rights.

What are the exceptions to deadly conduct charges?

The Texas Penal Code (Section 22.06) offers a few exceptions to deadly conduct charges. If your attorneys can show any of the following, the charges against you could be dropped:

• The victim provided consent or you believed they provided consent
• No serious bodily harm was threatened or actually inflicted
• The victim knew the conduct was a risk to their occupation, a recognized medical treatment, or a scientific experiment conducted via recognized methods

However, gang members are specifically prohibited from claiming consent as a defense.

The criminal defense attorneys at the Mary Beth Harrell Criminal Defense and DWI Lawyers protect the rights of individuals charged with felonies in Central Texas. We help fight the charges against you and work for the best possible outcome. To set up a consultation, call us today at 254-680-4655 or visit our contact page. We are here to serve you from our offices in Killeen and Copperas Cove.