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Deadly Conduct with a Firearm in Texas

Deadly conduct is a generic term for actions which endanger the life or health of another person. Some examples of deadly conduct include reckless driving and reckless use of a firearm. Depending on the circumstances, deadly conduct may be prosecuted as a misdemeanor or a felony.

In the following article, we’ll focus on deadly conduct with a firearm and the repercussions of a deadly conduct conviction.

Austin Deadly Conduct Lawyers

If you have been arrested and charged with deadly conduct, it is recommended that you contact an experienced Austin deadly conduct attorney as soon as possible. Kevin Bennett of The Law Office of Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas.

Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome.

Contact Kevin Bennett today at (512) 476-4626  to schedule a free consultation about your deadly conduct charges in Travis County.

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Deadly Conduct with a Firearm in Texas

In Texas, it is a criminal offense to knowingly engage in deadly conduct. Deadly conduct is defined by Texas Penal Code 22.05 as conduct that places another person in imminent danger of serious bodily injury.

Examples of deadly conduct include:

  • Discharging a firearm at or in the direction of a person or persons or a building or car that is occupied
  • Pointing a loaded firearm at or in the direction of a person

For the purposes of a criminal offense, it does not matter if the actor knows whether the building is occupied or whether the weapon is loaded.

Pointing a loaded firearm at a person is a Class A Misdemeanor while discharge of a firearm towards a person or persons is a Third-Degree Felony.

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Penalties for Deadly Conduct with a Firearm

Because deadly conduct ranges from a misdemeanor to a felony charge, the penalties for engaging in this conduct vary widely.

Simply pointing a loaded firearm at a person or an occupied vehicle or house is punishable by up to 1 year in jail and a fine of up to $4,000 or both.

Discharge of a firearm is punishable by 2 to 10 years in prison and up to a $10,000 fine.

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Common Defenses for Deadly Conduct with a Firearm

Defenses against deadly conduct with a firearm focus on reframing the event or providing an explanation for the conduct.

  • Reframing conduct: In the case that the conduct was the result of some perceived necessity (i.e., to save someone’s life), it may be argued that the conduct was borne out of necessity.
  • Challenging the circumstances: Deadly conduct charges require that the discharge occur while pointed at a person, or while the home or vehicle is occupied. A lawyer may attempt to prove that the conduct occurred while the vehicle or home was unoccupied.
  • Challenging that the event occurred: A lawyer may argue that the conduct did not take place. This may involve challenging physical or digital evidence, or showing that physical or digital evidence like camera recordings or gunpowder residue does not exist.

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Hire a Deadly Conduct Defense Attorney in Austin, Texas

If answered improperly, deadly conduct can be prosecuted as a felony. To fight these charges, you need a strong defense attorney like the lawyers at The Law Office of Kevin Bennet.

Kevin Bennett serves clients in Austin, Lago Vista, Rollingwood, Sunset Valley, West Lake Hills, Travis County, Lakeway, and Pflugerville.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation about the charges against you. Your initial consultation is free, and it is the first step in fighting to protect your reputation and freedom.

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