Deadly Conduct

Chapter 22 of the Texas Penal Code places restrictions and guidelines on the use of force by an individual acting outside of official State capacity.

“Deadly Conduct” as per § 22.05 of the Texas Penal Code, occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury. It is considered a Class A misdemeanor, punishable by a term of confinement in a state jail up to 180 days, as well as a fine of up to $10,000. The offense is considered a third degree felony 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.

Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

If charged as a third degree felony, Deadly Conduct is punishable by imprisonment for term ranging 2-10 years, as well as a fine of up to $10,000.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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