Facing a charge of deadly conduct with a firearm in Texas can be overwhelming and frightening. This serious offense comes with heavy legal consequences, and the stakes are high. Whether you’ve been accused due to a reckless act or an intentional one, it’s important to know exactly what these charges entail and how they can impact your life.

In this article, we’ll break down what deadly conduct with a firearm means in the eyes of Texas law, the penalties you might face, and some key defense strategies to consider – as well as what a Fort Worth assault lawyer can do to help you in this difficult situation.

What Is Deadly Conduct with a Firearm in Texas?

Deadly conduct with a firearm is defined under Texas law as engaging in behavior that recklessly endangers the safety of others. This offense can include actions that either threaten serious harm or result in actual physical danger.

Legal Definition

Under Texas Penal Code §22.05, there are two primary types of deadly conduct with a firearm:

1. Reckless Endangerment (Without Firing): This occurs when a person recklessly engages in behavior that puts another person in immediate danger of serious injury. This typically involves brandishing or showing a firearm in a threatening manner without discharging it.
2. Firearm Discharge (With Firing): This occurs when a person knowingly fires a gun:
   • At or towards one or more people
   • At or towards a home, building, or vehicle, even if unaware of its occupancy

Graham Norris, an experienced defense attorney and founder of Norris Legal Group, says that deadly conduct is most commonly charged in a situation where a firearm is merely shown.

 “A lot of times, it’s something short of pointing a firearm at somebody,” Graham says. “There’s some discretion a prosecutor can use about how they want to charge that offense, but typically it’s when a firearm is being brandished or shown to another person.”

However, once the gun is fired, the charges and potential penalties get a lot more serious.

Examples of Deadly Conduct

There are various scenarios where deadly conduct with a firearm can occur. Here are a few examples:

• Discharging a Firearm Recklessly: Firing a gun in a public place without regard for the safety of others.
• Pointing a Gun at Someone: Threatening an individual by brandishing or pointing a firearm in their direction.
• Shooting at a Building: Firing a weapon at a building, vehicle, or habitation without knowing whether it is occupied.
• Participating in a Drive-By Shooting: Engaging in a shooting from a moving vehicle, regardless of whether anyone is injured.

Penalties for Deadly Conduct with a Firearm in Texas

The severity of the charge depends on the specific action, as outlined in §22.05:

• Reckless Endangerment: This is a Class A misdemeanor. The potential penalties include fines up to $4,000 and up to one year in county jail. Probation may be possible instead of jail time, which could involve community service or other court-ordered programs.
• Firearm Discharge: This is a third-degree felony. The potential penalties include fines up to $10,000 and 2 to 10 years in state prison. In some cases, probation may be possible, which could involve strict conditions such as community service and firearm restrictions.

“A deadly conduct charge is often a Class A misdemeanor, but in a situation where the gun is fired – even if it’s not fired directly at somebody, but toward a building or something like that – that’s typically where we get a deadly conduct with a discharge of a firearm,” Graham says. “When a firearm is discharged recklessly like that, it makes it a third-degree felony.”

Beyond these immediate penalties, a conviction can also lead to long-term consequences. For convicted felons, there is a permanent loss of gun rights. Additionally, a felony conviction can impact employment opportunities, housing applications, and voting rights.

This law shows how seriously Texas takes actions that endanger others, especially when firearms are involved. Even if no one is hurt, simply creating a dangerous situation with a gun can lead to serious charges. Given the complexity of these laws and the serious consequences of a conviction, it’s usually best to consult with an experienced criminal defense attorney.

Factors Influencing Deadly Conduct Charges

Various factors can influence how the case is assessed and the severity of the penalties for deadly conduct charges.

Intent and Recklessness

The determination of intent or recklessness is crucial in deadly conduct cases. The prosecution must prove that the defendant acted intentionally or recklessly, demonstrating a disregard for the safety of others. This means that the individual did not merely act negligently but engaged in behavior that posed a clear risk of harm.

The following factors can influence the determination of intent or recklessness:

• Awareness of Risk: Whether the defendant was aware of the risk their actions posed to others.
• Previous Behavior: Any history of similar behavior or warnings about the dangers of their actions.
• Statements and Conduct: Statements made by the defendant before, during, or after the incident that indicate intent or disregard for safety.

Circumstances of the Offense

The specific circumstances surrounding the offense play a significant role in determining charges and penalties. Factors such as location, timing, and the presence of witnesses can impact the case:

• Location: Conduct in highly populated or sensitive areas (e.g., schools, public events) can lead to more severe charges.
• Victim Involvement: The presence and vulnerability of potential victims, such as children or the elderly, can influence the severity of the charges.
• Use of Alcohol or Drugs: Substance use at the time of the offense may impact the perception of recklessness and intent.

Defense Strategies for Deadly Conduct Cases

Defending against deadly conduct charges requires a comprehensive legal strategy that addresses the specific circumstances of the case. Several defense strategies can be employed to challenge the prosecution’s case and seek a favorable outcome.

Lack of Intent or Recklessness

One common defense strategy is to argue that the defendant did not intend to cause harm or engage in reckless behavior. This defense focuses on undermining the prosecution’s claim of intent or recklessness:

• Evidence of Lack of Awareness: Demonstrating that the defendant was unaware of the risks involved in their actions.
• Witness Testimonies: Presenting statements from witnesses who can attest to the defendant’s state of mind or behavior at the time of the incident.
• Establishing Reasonableness: Show evidence that the defendant did the reasonable and responsible thing under the circumstances.

Mistaken Identity

Another defense strategy involves demonstrating that the defendant was not the individual responsible for the conduct. This approach requires presenting evidence that casts doubt on the prosecution’s identification of the defendant:

• Alibi Evidence: Providing proof that the defendant was elsewhere at the time of the offense.
• Surveillance Footage: Utilizing video evidence to challenge the identification of the defendant as the perpetrator.

Self-Defense or Defense of Others

In some cases, deadly conduct charges may arise from situations where the defendant believed they were acting in self-defense or protecting others. This defense involves showing that the actions were justified under Texas law:

• Threat Evidence: Presenting evidence that the defendant or others were under threat of harm.
• Proportional Response: Demonstrating that the defendant’s actions were reasonable and necessary to prevent harm.

Reducing Charges

In some cases, a skilled defense attorney may be able to negotiate or argue for a reduction from more serious charges (like murder) to deadly conduct. This strategy can result in significantly lighter sentences, potentially including probation instead of lengthy prison terms.

These defense strategies require a thorough understanding of the law and the specific details of the case, highlighting the importance of skilled legal representation.

Case Illustration #1: The Zaragoza Trial and Deadly Conduct

A good way to understand the law when it comes to deadly conduct with a firearm in Texas is to study the trial Adan Zaragoza, who was involved in a murder charge in Fort Worth. Adan was giving a friend a ride to drop her daughter off in a custody exchange.

The child’s father had made threats to Adan, and ran toward the vehicle when they pulled up, hurling a large rock at the windshield. Adan responded by using his firearm in self-defense. Graham served as Adan’s defense attorney at trial, and argued that Adan’s reaction was reasonable under the circumstances of being attacked. 

“He had to use his firearm,” Graham said. “He fired toward a person that was attacking his vehicle, and killed the person. The jury did something interesting, where they found him not guilty of murder, but they found him guilty of deadly conduct, and gave him probation for that.”

This case illustrates how juries might use deadly conduct charges as a compromise. They may feel the defendant’s actions were inappropriate but not to the extent of murder. “It was a unique reduction in charge,” he said. “They felt like he had done something wrong by firing – maybe he reached for his gun a little bit too quick – but they also felt like it was justified.”

These outcomes demonstrate the importance of understanding deadly conduct laws and the potential defenses available. They also highlight the critical role of experienced legal representation in these complex cases.

Case Illustration #2: De-Escalating a Threat

In another notable case, Graham successfully defended a client accused of deadly conduct. The client had a history of conflicts with this neighbor, who frequently called the police on him and recorded him making threatening gestures. One day, while driving in their neighborhood, the client noticed the neighbor pulling in behind him and following closely.

Feeling threatened, the client stopped his vehicle and rolled down his window. The neighbor then jumped out of his car and ran toward the client’s open driver’s side door, kicking the door and yelling aggressively.

In response, the client pulled out a firearm, pointed it at the neighbor, and told him to back off. The neighbor retreated, and the client drove away. Despite this, the neighbor reported the incident to the police, and the client was charged with deadly conduct for brandishing the firearm.

Graham took the case to a jury trial, where he argued that the client’s actions were justified given the circumstances. The jury agreed, finding the client not guilty. They determined that brandishing the firearm was a reasonable response to the immediate threat posed by the neighbor and that it actually de-escalated the situation.

This case demonstrates the importance of context in deadly conduct charges. The jury recognized that the client’s use of the firearm was a reasonable and justified action to stop a threat, highlighting how careful legal strategy and understanding of self-defense laws can lead to successful outcomes.

Why Choose Norris Legal Group for Deadly Conduct with a Firearm Charges in Texas?

When facing deadly conduct charges, especially those involving firearms, you need the right legal team on your side. At Norris Legal Group, we bring extensive experience in handling high-profile firearm defense cases – even those with potential murder charges.

Our lead attorney, Graham Norris, has a proven track record of securing not-guilty verdicts, dismissals, and reductions in charges for his clients. Graham’s experience with challenging cases allows us to effectively present your case to the jury, highlighting the nuances of deadly conduct laws.

Here are the steps our firm will take for you upon taking your case:

• Initial Consultation: We’ll meet with you to discuss the details of the case, explain the legal process, and outline potential defense strategies.
• Legal Analysis: We’ll analyze the charges and the prosecution’s evidence to identify weaknesses and develop a strong defense strategy tailored to your specific situation.
• Expert Consultation: If necessary, we’ll consult with firearm and forensic experts to provide additional support and credibility to your defense case.
• Pre-Trial Motions: We’ll file pre-trial motions to challenge the admissibility of evidence, seek dismissal of charges, or negotiate with the prosecution for a reduction in charges.
• Trial Preparation: We’ll prepare for trial by organizing evidence, developing arguments, and preparing you and any witnesses for testimony.
• Jury Selection: We’ll carefully select a fair and open-minded jury, using our experience and insights to identify potential biases.
• Courtroom Representation: We’ll provide strong representation during the trial, presenting your defense case clearly and persuasively, cross-examining witnesses, and challenging the prosecution’s evidence.
• Closing Arguments: We’ll deliver compelling closing arguments to emphasize the defense’s key points and persuade the jury of your position.
• Post-Trial Actions: If necessary, we’ll handle any post-trial actions, such as filing appeals or negotiating sentencing terms, to ensure your rights are protected and pursue further legal remedies.

Don’t Wait: Contact Us and Protect Your Future

If you are facing deadly conduct charges in Texas, it is essential to act quickly and secure experienced legal representation. Norris Legal Group is here to provide the guidance and support you need to navigate the legal system and protect your rights.

Contact us today for a free consultation to discuss your case and learn how we can assist you in defending against deadly conduct charges. Don’t wait—take the first step toward securing your future and ensuring your rights are upheld throughout the legal process.