Texas law governing deadly conduct addresses using weapons in a threatening, dangerous, or reckless manner. The law the way that it is written allows an individual to be charged with deadly conduct when using any type of weapon in a method as previously described. Nevertheless, this particular law is most often applied to a firearm’s negligent or unlawful discharge.
If you have been criminally charged in an incident where a weapon, especially a firearm, has been used or negligently used you need to hire an experienced criminal defense attorney as soon as possible. Contact the Greening Law Group of College Station in Brazos, County, Texas, to schedule a free consultation.
What is Harm and Intent in Deadly Conduct?
Harm and intent are legal terms that are used when discussing deadly intent because they speak to the offender’s presence of mind when committing the crime. If an individual is aware that the criminal act they are committing with a weapon, or a firearm, could potentially result in harm or a person’s bodily injury or death, they could be arrested and charged with deadly conduct.
The legal criteria surrounding intent are broad under the law in Texas. If you display a firearm with the intent to intimidate another person but do not actually mean to harm them with the weapon, you could still be charged with deadly conduct.
What are the Potential Penalties for Deadly Conduct in Texas?
If you commit an act that causes a victim to be afraid or feel there is a threat of bodily injury, the offender can be charged with a Class A misdemeanor for deadly conduct. If you discharge a weapon aimed at another individual, vehicle, or structure, you could be charged with a third-degree felony.
Some of the potential penalties include the following:
- Class A misdemeanors: You could face up to 12 months in jail and a fine of up to $4,000.
- Third-degree felonies: You could face up to 10 years in state prison and a fine of up to $10,000.
- Probation: You may also be eligible to receive probation instead of jail time or possibly a combination of both.
Are There Any Potential Defenses for Deadly Conduct?
If you have been charged with deadly conduct, the first step you need to take in building a solid defense for yourself is to hire an experienced attorney to represent you in court. Building your defense will include several factors such as
- Determining your actual intent
- Examining the statements made by witnesses.
This is the point in your case that hiring a skilled attorney will be extremely beneficial to you. Their skill and knowledge of the Texas legal system will prove invaluable to you in the long run.
Should I Hire an Attorney Right Away?
If you have been charged with deadly conduct the first step that you need to take is to hire an attorney as soon as possible, A conviction for deadly conduct can cause long-term problems and impact your ability to earn a living, and even dictate where you can live.