Deadly Conduct Defense
If you’ve just been arrested for deadly conduct in Travis County, you probably have a thousand questions racing through your mind. What can I do now? What is the process? Will I go back to jail?
You need experienced Austin deadly conduct attorneys who understand the Travis County court system inside and out. We zealously represent your rights throughout this process and answer all the questions you have along the way.
Our team has a combined 30+ years of experience helping people charged with deadly conduct in Austin. We will tell you what to expect and how to improve the chances of getting the best result. Having experienced attorneys can make the difference between getting your case dismissed or being convicted.
What is Deadly Conduct?
In Texas, the Deadly Conduct statute allows law enforcement to arrest individuals if they are believed to have recklessly fired a firearm towards (1) a person or (2) a vehicle or building without regard for the potential presence of occupants inside.
According to the Texas Penal Code § 22.05 (Deadly Conduct), as of 2022:
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
This form of deadly conduct is typically classified as a Class A misdemeanor.
A person commits an offense if he 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 form of deadly conduct is typically classified as a third-degree felony, with more severe penalties.
A deadly conduct charge in Texas doesn't necessitate actual harm. Simply discharging a firearm toward someone's door can meet the criteria. Even if the firearm is unloaded, it can still lead to criminal charges. Texas law deems any behavior potentially causing death as deadly conduct. Therefore, if facing such charges, securing a seasoned defense attorney is crucial.
What are the penalties for Deadly Conduct in Texas?
The penalties for deadly conduct in Texas are outlined in the Texas Penal Code § 22.05:
Deadly Conduct (Not Involving Firearm Discharge):
If someone recklessly engages in conduct that places another in imminent danger of serious bodily injury (without discharging a firearm), it's typically classified as a Class A misdemeanor. Penalties for a Class A misdemeanor in Texas can include:
A fine up to $4,000;
Jail time up to one year; or
Both the fine and jail time.
Deadly Conduct Involving Firearm Discharge:
If a person 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 offense is generally considered a third-degree felony. Penalties for a third-degree felony in Texas can include:
A prison sentence ranging from 2 to 10 years; and
A fine up to $10,000.
Contact The Law Office of Charlie Roadman to handle your Texas Deadly Conduct Case
Contacting a lawyer if you're facing deadly conduct charges in Texas is crucial for several reasons:
Expertise in Legal Procedures: We are well-versed in the legal procedures and can guide you through the complexities of the Texas legal system. We will ensure that all paperwork, court appearances, and required actions are handled correctly and promptly.
Understanding of Texas Penal Code: Our attorneys will have specific knowledge of the Texas Penal Code and any recent amendments, helping you understand the severity of the charges and potential penalties you face.
Protection of Rights: Our defense attorneys will protect your rights and ensure that you're treated fairly throughout the legal process. They'll be on the lookout for any violation of your rights, such as unlawful searches or interrogations.
Building a Strong Defense: Every case has unique factors and circumstances. Our attorneys will review the specifics of your situation, gather evidence, interview witnesses, and craft the best possible defense strategy on your behalf.
Plea Bargaining: If appropriate, we can negotiate with the prosecutor for a reduced sentence or even for the charges to be dropped, especially if it's a first-time offense or there are issues with the evidence.
WHEN SHOULD I HIRE AN ATTORNEY?
Immediately. An attorney should be working on your case right away. We want to talk to witnesses as soon as possible and protect any evidence that will help the case. Hiring an attorney is also a good way to alleviate the stress and anxiety that comes with being arrested.
CAN A deadly conduct CHARGE BE DISMISSED?
Yes, but it depends on the circumstances of the arrest and what you are willing to do while the case is pending. We have negotiated hundreds of dismissals in Travis County using our knowledge and experience of what works in Austin. In order to help us get the best result, we will create a customized Action Plan for you.
ONE OF MY FRIENDS/FAMILY WAS ARRESTED FOR deadly conduct. WILL THEY GET OUT OF JAIL AUTOMATICALLY?
No. They must qualify for a personal bond. And even if they do qualify, it can take 24 hours or more to be released. We can speed up the process significantly. And trust us, everyone wants out of jail as soon as possible. HERE IS MORE INFO ON JAIL RELEASES.