Deadly Conduct in the State of Texas

By Jason Trumpler, P.C. on October 02, 2016

Deadly Conduct Lawyer in Austin, Texas
Contact us Today at 512-457-5200
The Texas Penal Code broadly defines deadly conduct as any type of reckless behavior that places another individual in imminent danger of serious bodily injury.  In addition, if you discharge a firearm in the direction of people or at a habitation or vehicle with reckless disregard as to whether the habitation or vehicle were occupied, you may also be guilty of deadly conduct.  In dealing with firearms, this law always treats the firearm as if it was loaded.  If you point a firearm at a crowd and it goes off, it is deadly conduct whether you knew it was loaded or not.  
Although a weapon is commonly involved, it is not required.  Deadly conduct is a common charge that is negotiated during a DWI negotiation so that the client is eligible for a deferred adjudication probation.  In some rare circumstances, deadly conduct is charged in addition to to DWI based upon the theory that the driver's behavior was so reckless that it placed it placed the public in risk of imminent danger of serious bodily injury. The law broadly defines deadly conduct so as to encompass as many potential scenarios as possible.  A final conviction for deadly conduct may result in either a Class A Misdemeanor or a 3rd Degree Felony, both which can negatively affect future employment, housing, or public assistance opportunities.  A felony conviction can deprive you of your right to vote and your ability to own firearms in the future.  
If you are charged with deadly conduct, the prosecutor must prove beyond a reasonable doubt to the court that you committed the crime.  This can be difficult to do.  Jason Trumpler has over 15-years of experience handling criminal cases, and will fight to get you the best outcome possible on your case.  If necessary, he will fight your case in front of a jury.  Jason Trumpler has taken close to 100 cases to verdict in front of a jury.  Contact us today at 512-457-5200.
Potential Consequences
Deadly conduct charges are typically prosecuted as Class A Misdemeanors.  If you are convicted of a Class A Misdemeanor, you could face up to 1-year in the county jail and pay a fine of up to $4,000.
While “deadly conduct” is so broadly defined as to encompass many scenarios, many individuals are charged with deadly conduct after allegedly firing off a weapon toward an individual, individuals, an occupied vehicle, occupied building, or occupied habitation. Specifically, the Texas Penal Code states that if you knowingly discharge a firearm towards another person or a building/car, you may be charged with deadly conduct and face a 3rd Degree Felony.  If you are convicted of a 3rd Degree Felony, you could face 2 – 10-years in a state prison and up to a $10,000 fine.
Even if you believe the gun to be unloaded, and you point it at another individual or attempt to fire it off, you may still be charged with deadly conduct.
If you are charged with deadly conduct in regards to your behavior towards another individual, it is a defense to the prosecution if they consented to the behavior.
Contact Us
If you have been charged with the crime of deadly conduct, we can help. We are committed to examining all of the details of your case to find the best defense for you. Jason Trumpler currently practices in Central Texas counties including Travis, Williamson, Bell, Hays, Bastrop, Burnet, Coryell, Comal, and Lee. Call us today at 512-457-5200.

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