Being charged with deadly conduct is a serious offense in any circumstances. Under criminal law, this charge is associated with using a weapon or acting in a threatening or reckless manner. Depending on the exact conditions of the crime, it may be charged as a misdemeanor or a felony. Here’s what you need to know if you or a loved one faces this charge.

Is It a Misdemeanor or Felony?

While a misdemeanor is considered less serious than felonies, both are violations of criminal law that can lead to jail time and fines. A deadly conduct charge can be a Class A misdemeanor, which is the most serious misdemeanor if the convicted individual engaged recklessly in conduct that could have led to imminent serious injury. This crime is punishable by up to a year in county jail and a fine of $4,000. 

On the other hand, a deadly conduct charge could also be a third-degree felony, which has a minimum two-year prison term and up to $10,000 in fines. These penalties are reserved for individuals who knowingly aimed and discharged a firearm. 

What Are the Elements of Deadly Conduct?

Under criminal law, prosecutors must prove the following elements of a deadly conduct charge were present to make a successful case against the convicted party.

• Danger of Harm: The convicted party must know that their actions could put another person at risk of serious bodily injury, such as pointing a gun at someone.
• Serious Bodily Injury: This refers to an injury that carries the risk of death, disfigurement, or impairment of a body part or organ.
• Recklessness: A person is reckless when they understand the danger of harm but knowingly disregards the aforementioned risks.
• Intent: Intent doesn’t necessarily have to mean the intent to harm another person. For example, discharging a firearm at a building or vehicle would still be considered intent to use a weapon without considering the safety of others.
• Discharge of a Firearm: Brandishing a firearm and aiming at a person, building, or vehicle, can still be considered deadly conduct even if the weapon isn’t loaded.
• Structures & Other Vehicles: In addition to targeting people, deadly conduct also includes the discharging or aiming of a firearm at any dwelling or vehicle, even if they are unoccupied.

What Are Possible Defenses for the Charge?

When a person acts in self-defense or does not use more force than absolutely necessary to stop an attacker, they may have a solid defense for deadly conduct. It’s also possible to make a strong defense when there was no serious injury involved, or if the victim knowingly engaged in the conduct and understood the risk. 

If you’re facing a deadly conduct charge in Texarkana, TX, turn to Anderson Law Firm. Attorney Darren Anderson has more than 20 years of criminal law experience and excels in creating strong defenses on his client’s behalf. Find out more about their approach to criminal defense online or by calling (903) 792-1229.