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Disorderly Conduct / Deadly Conduct

A wide range of behavior is criminalized as “disorderly conduct” in Texas if it takes place in a public place. Certain offenses, such as noise above certain levels, are criminalized as disorderly conduct even if they take place at private residences. In some instances, such as situations involving the firing of guns, you can be convicted of “deadly conduct” with far more serious penalties, even if nobody was actually hurt.

Austin Disorderly Conduct and Deadly Conduct Lawyer

Kevin Bennett is an experienced Austin criminal defense lawyer who fights for the rights of those accused of crimes such as disorderly conduct and deadly conduct. If accused of any type of crime, including disorderly conduct and deadly conduct, you can face serious consequences. Have an advocate on your side.

The Law Office of Kevin Bennett handles every aspect of your case personally, and works to make sure you understand everything that is taking place during this confusing and frightening time. Call us today at (512) 476-4626 to set up a free consultation.

The Law Office of Kevin Bennettrepresents anyone accused of a crime such as disorderly conduct and deadly conduct in Travis County courts, including students, visitors, and residents of Austin, Lakeway, Lago Vista, or surrounding communities.


Travis County Deadly Conduct and Disorderly Conduct Information Center


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Disorderly Conduct in Texas

A wide range of conduct is criminalized as disorderly conduct by Texas Penal Code §42.01 if it happens in a public place (including any public school campus and grounds), including:

  • Using abusive, indecent, profane, or vulgar language that tends to incite an immediate breach of the peace
  • Making an offensive gesture or display that tends to incite an immediate breach of the peace
  • Creating by chemical means a noxious and unreasonable odor
  • Abusing or threatening a person in an obviously offensive manner (unless done after significant provocation)
  • Making an unreasonable noise (also criminalized if taking place in or near a private residence the person has no right to occupy, but not at a sport shooting range). A noise is presumed to be “unreasonable” if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or police officer that the noise is a public nuisance.
  • Fighting
  • Firing a gun (except on a sport shooting range, or if you had a reasonable fear of bodily injury to yourself or another person by a dangerous wild animal)
  • Displaying a gun or other deadly weapon in a manner calculated to alarm
  • Exposing anus or genitals while reckless about whether another person may be present who will be offended or alarmed

It is also considered disorderly conduct if someone “for a lewd or unlawful purpose” looks into a:

  • Residential dwelling
  • Hotel guest room
  • Public restroom, shower stall, or changing or dressing room that is designed to provide privacy to a person using the area

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Penalties for Disorderly Conduct in Texas

Disorderly conduct convictions that do not involve a gun or other deadly weapon, and convictions resulting from discharging a firearm on or across a public road, are classified as Class C misdemeanors. A conviction for a Class C misdemeanor will result in a fine of up to $500.

Disorderly conduct convictions resulting from displaying a gun or other deadly weapon in a manner calculated to alarm, or discharging a firearm in a public place other than on or across a public road, are classified as Class B misdemeanors. A conviction for a Class B misdemeanor will result in:

  • Up to 180 days in jail
  • Up to $2,000 in fines

Texas Penal Code §42.01 exempts students under the age of 12 from prosecution for abusive, indecent, profane, or vulgar language, offensive gestures and displays, creating noxious or unreasonable odors, making unreasonable noise, and fighting if the incident takes place at a public school campus during regular school hours.


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Offenses Classified as Deadly Conduct in Texas

Some actions, especially if they involve firing a gun, can result in convictions for deadly conduct rather than disorderly conduct with far more serious penalties. You could be convicted of deadly conduct even if nobody was actually hurt by your alleged actions.
You can be convicted of deadly conduct as a Class A misdemeanor if a court finds you recklessly engaged in conduct that placed another in imminent danger of serious bodily injury. Conviction of deadly conduct as a Class A misdemeanor will result in:

  • Up to a year in jail
  • Up to $4,000 in fines

You can be convicted of deadly conduct as a third-degree felony if a court finds you knowingly discharged a firearm at or in the direction of one or more people or a habitation, building, or vehicle while being reckless as to whether it is occupied. Conviction of deadly conduct as a third-degree felony will result in:

  • Up to 10 years in prison, mandatory minimum of two years in prison
  • Up to $10,000 in fines

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Finding a Disorderly Conduct and Deadly Conduct Attorney in Travis County

Conviction for disorderly conduct or deadly conduct not only results in fines and possible jail time, but also a permanent criminal record. With Kevin Bennett, you will have an Austin defense lawyer who will mount a vigorous defense for you. If you were accused of disorderly conduct or deadly conduct in Austin, Tarrytown, Lakeway, West Lake Hills, Hyde Park, or anywhere else in Travis County, The Law Office of Kevin Bennettcan represent you. Call today at (512) 476-4626 to schedule a free consultation.