Deadly Conduct is an offense that usually involves a firearm or weapon -- but not always.. The statute covers conduct that places another in imminent danger of serious bodily injury. And Serious Bodily Injury, under Texas Law, merely means causing pain.
A common Deadly Conduct offense in Travis County involves a passenger grabbing or pulling on the steering wheel in a moving car, thereby possibly causing a crash -- since a crash places another person in imminent danger of serious bodily injury.
If a person knowingly discharges a firearm at or in the direction of people, a building, or a vehicle, the Deadly Conduct offense is charged as a 3rd Degree Felony.
Deadly Conduct cases are toughly prosecuted in Austin. An arrest will cause a notice to be sent to DPS regarding Firearms. The person may not be eligible to obtain a firearm (or concealed carry permit) for years, depending on how the case resolves. Also, in Austin, prosecutors are very strict about Weapon Forfeitures, meaning even if the gun was legally purchased, they may require forfeiture if a dismissal is on the table.
Related areas to Deadly Conduct include other firearms offenses, as well as issues like road rage, which is classified as Terroristic Threat, or even shooting a gun in a public area, which is charged as Discharge Firearm in Certain Municipalities.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
A person charged with Deadly Conduct is normally arrested and taken to jail. This will require the person to be "magistrated" (seen a Judge during the Booking Process), which means there could be considerable delays awaiting a Judge and the volumes of paperwork required for a release. An Attorney can possibly speed that up.
Sometimes an officer will file an arrest warrant, which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.
Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Defenses on Deadly Conduct cases often involve whether the conduct was either reckless, or if the danger of serious bodily injury was actually imminent.
There may also be an issue of whether there was a danger of serious bodily injury at all. Some of these issues may be more difficult to show if a firearm is involved.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Deadly Conduct cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Your goal should be Dismissal for any Deadly Conduct charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (1) one or more individuals; (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
Deadly Conduct is a Class A Misdemeanor, which means probation, or jail up to 365 days, or a fine up to $4,000, or a combination of those. Or, if a gun is fired, then it's a 3rd Degree Felony.
|Level of Offense||Punishment|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
|3rd Degree Felony||Between 6 months and 2 years in the State Jail, and/or fines|
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