Under Texas Penal Code Sec. 22.05 , the offense of deadly conduct occurs
(a) when a person recklessly engages in conduct that places another individual in imminent danger of serious bodily injury. This is considered a Class A misdemeanor with punishment of up to one year in jail and a fine of up to $4,000.
(b) when an individual knowingly discharges a firearm at or in the direction of
one or more individuals, or
a habitation, building or vehicle and is reckless as to whether the habitation, building or vehicle is occupied
This is a third degree felony with a punishment of 2-10 years in prison and a fine of up to $10,000.
Serious Bodily Injury
An injury that puts the victim at risk of death, disfigurement, or loss of bodily function. Putting someone in danger of this level injury is deadly conduct, and when a firearm is involved, it is deadly conduct that is considered to be a felony.
Defenses against Deadly Conduct Charges
There are multiple defenses for deadly conduct charges, depending on the facts of the case and the availability of defense witnesses. Prominent defenses include:
Misidentification of you as the shooter
Defense of a third person
Insufficient evidence to prove your involvement
HIRE A QUALITY DFW DEFENSE ATTORNEY
Hiring a Fort Worth attorney who will perform a thorough investigation of your case and undergo detailed trial preparation can alter the outcome of your case. Even if the above defenses are not applicable to your case, you may be eligible for “deferred adjudication,” which is different than a conviction.
A knowledgable attorney may also be able to qualify you to have your record closed to the public via a non-disclosure. You need an aggressive criminal defense attorney to work diligently to challenge the case against you. Call (817) 334-0300 to speak with that attorney.
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.