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.
- 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