deadly Conduct Criminal Defense Lawyers, Frisco, Texas

Defending Deadly Conduct Charges in Frisco, Carrollton, Collin, Denton & Surrounding Counties

Have the authorities taken you into custody and accused you with the crime of deadly conduct? If you have been charged with Deadly Conduct, you might think that this is a peculiar type of criminal offense. If a person you care about has been arrested for something, you might not know what the circumstances behind the arrest are. The meaning of the term deadly conduct is not something that springs to mind immediately. Some crimes, such as assault or “possession of controlled narcotic,” have clear-cut definitions that may be understood almost instantly. On the other hand, the idea of deadly conduct does not.

The meaning of deadly conduct is classified in the same section of the penal code as other offenses that fall under the umbrella term assault because of the similarities between the two. The crime of deadly conduct differs significantly from assault, despite the fact that the two crimes are linked. The fact that deadly conduct does not involve any form of physical contact or harm to the body is one of the most significant distinctions. The offense known as deadly conduct refers to the posing of a risk of physical harm; more specifically, it refers to the risk of impending significant physical harm or the firing of a gun. If you are accused of Deadly Conduct, you need to speak with a criminal lawyer to get a sense of what your alternatives are, how to approach your case, and how to devise a plan. If you do not select an experienced criminal defense lawyer that understands the intricacy of the laws pertaining to deadly conduct, it’s highly unlikely that you will receive a favorable plea offer, much less having the allegation against you dropped entirely.  

To learn more about Deadly Conduct Charges, schedule a free case evaluation with Ridgely Davis Law at (469) 935-4600.  From our offices in Frisco and Carrollton, Texas, the criminal defense attorneys at Ridgely Davis Law defend clients across the greater Dallas–Fort Worth Metroplex, including Collin, Dallas, Denton, and Tarrant counties, as well as the counties that are located nearby.

deadly conduct: ELEMENTS OF A CRIME

In section 22.05 of the Texas Penal Code, deadly conduct is given the definition as follows:

Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) 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.

(d) For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

DANGER OF HARM

When someone is in danger of harm, it indicates that person is aware, or should be aware, that their behavior can or could put another person in danger of suffering significant bodily injury.  Clearly, under this definition pointing a handgun at another person has the potential to result in significant physical injury.

SERIOUS BODILY INJURY

An injury is considered to be significant when it either poses a substantial danger of mortality or has the potential to cause death, major permanent deformity, or the prolonged loss or impairment of the function of any body part or organ. Even though they are physical wounds, minor cuts and bruises are not regarded as significant injuries. On the other hand, the loss of an eye and teeth are considered a major injury.

STATE OF MIND

There are two essential mental states to maintain. The first offense is reckless driving if the driver’s actions put another person in immediate risk of suffering significant physical harm. The second factor is purpose, which is present when a person knows or should have known that a certain action, such as firing a handgun, might pose a significant danger of serious bodily harm to others.

RECKLESSNESS

Deadly conduct crimes can occur when a person acts recklessly, or is careless, when “aware of but consciously disregards” his or her conduct could lead to substantial and unjustifiable risk — in this case, serious bodily injury. Reckless behavior and negligence are two different things. Reckless behavior occurs when a person acts recklessly. In order to determine whether or not an individual acted in a manner that was reckless, it is necessary to consider whether or not an average person would have behaved in the same manner given the same set of circumstances, or whether or not the individual’s behavior was outside of, or grossly deviated from, what an average person would reasonably do given the same set of circumstances.

Intentional deadly conduct offenses can be committed when a person uses a firearm without regard for the safety of others and/or the possibility for the conduct to inflict damage or injury to others. In this case, intent is required with regard to the activity, which is referred to as discharging the firearm; but, intent is not required in order to cause any form of physical damage. Therefore, your aim is to use your weapon without regard for the well-being of others who are in close proximity to you; but, your objective does not necessarily involve the desire to cause harm to a person or thing.

DISCHARGING A FIREARM

You can commit the crime known as deadly conduct with a firearm if you brandish it and/or fire it in the direction of another person or in the direction of a home, vehicle, building, or other structure without first conducting an investigation or knowing whether or not the structure or vehicle is occupied. Therefore, you might be charged with deadly conduct at the very least if you brandish your pistol and aim it towards a building, whether or not you are aware that the property is occupied by people.

It is important to remember that having a loaded firearm is not a requirement for the deadly conduct criminal category. The sole need is that the weapon must have been fired while aimed at a person or individuals, a vehicle, or a structure. It does not matter whether you know, believe, or do not think that the firearm is loaded in order to be charged with Deadly Conduct, since this does not affect the outcome of the case.

STRUCTURES AND VEHICLES

It is a violation of the law known as deadly conduct for a person to fire a firearm at a building, car, or residence; doing so is considered an act that constitutes Deadly Conduct. Vehicles include things like passenger vehicles, trucks, and boats, as well as anything else that can convey a person or stuff from one location to another. Buildings and dwellings are terms that relate to residences and structures that are utilized as locations for people to live or work. Examples of buildings and dwellings include restaurants, office space, and residential homes. It is not necessary for these structures or vehicles to be housing or transporting people at the moment that someone fires at them; the only condition is that these buildings or vehicles be capable of housing or transporting people.

CLASSIFICATIONS OF deadly conduct AND THE PENALTIES THAT CORRESPOND TO THEM

According to Section 22.05 of the Texas Penal Code, a deadly conduct offense is classified as a class A misdemeanor if the perpetrator engages in conduct that poses an imminent risk of serious bodily injury, and it is classified as a felony of the third degree if the perpetrator knowingly discharges a firearm while aiming it at a person, a vehicle, or some kind of building structure that is meant to house people.  Both “misdemeanors” and “felonies” carry with them significant legal repercussions and punishments if they are found guilty.

• Jail Time.  If found guilty of “Deadly Conduct,” as a Class A “misdemeanor,” you might face a prison term of up to one year if you are sentenced to jail time. If you are found guilty of committing a crime that is classified as a “felony of the third degree,” you face a potential jail term that ranges from two to 10 years in length.
• Fines. If you are found guilty of committing a misdemeanor of the “Class A” level, you might be fined up to but not exceeding the amount of $4,000. On the other hand, if you are found guilty of a “felony of the third degree,” you might face a fine of up to but not exceeding $10,000.
• Probation. You might receive a term of probation from the court in place of or in addition to a sentence of jail time depending on the judge’s decision. In most cases, the length of time spent on probation is at least one year. During your time on probation, you will be required to comply with a number of stringent rules and restrictions. In addition to this, you will be required to attend scheduled appointments with the officers in charge of your probation, as well as comply with reasonable requests from those officials to search your residence or car. You are not allowed to carry guns or conduct another crime while you are on probation since doing so puts you at danger of serving the maximum possible sentence in jail.

deadly conduct: POTENTIAL DEFENSE STRATEGY

If you behaved in self-defense within the parameters of the law, meaning that you did not use more force than was required to protect yourself, then you may have a case to defend yourself. You could also have a statutory defense if the other person or people consented to the circumstances, provided that: 1) the conduct did not threaten or inflict serious bodily injury; 2) the victim knew the conduct was a risk of his or her occupation, recognized medical treatment, or a scientific experiment conducted by recognized methods; and 3) the conduct did not inflict or threaten to inflict serious bodily injury.  If you have been charged with the Assault offense of Deadly Conduct, you need to have an experienced Deadly Conduct Defense Lawyer on your side to review your defenses and protect your rights.  Contact the Frisco, TX Deadly Conduct Defense Lawyers at Ridgely Davis Law to discuss your case in Denton, Collin, or surrounding counties.

Deadly Conduct Criminal Defense Representation, Frisco, TX, Collin, Denton Counties

In the event that you are accused of Deadly Conduct, you will require the services of an experienced and trusted Collin, Denton County Criminal Defense Attorney | Deadly Conduct Lawyers like those at Ridgely Davis Law Firm in Frisco, Texas. Call our office if you have been charged with Deadly Conduct, regardless of whether it is a misdemeanor or a felony. Whether your charge involves an accusation of putting someone in imminent danger of serious bodily injury, or discharging a firearm in the direction of someone, or at a habitation or building, you are facing the accusation of Deadly Conduct and need a strong defense to protect your future. In your Free Initial Case Evaluation, you will discuss with the Ridgely Davis Law Deadly Conduct Lawyers | Criminal Defense Attorneys the facts pertaining to your legal situation and the type defense you want to provide. It pays off in the long run to collaborate on a plan of action with an experienced Denton & Collin County Deadly Defense Lawyers | Criminal Defense Attorneys.  Your Collin | Denton County Criminal Defense Lawyer at Ridgely Davis Law will discuss the objectives of the representation and work together to devise a strategy for reaching those objectives. Within the framework of the legal system, victorious outcomes can be achieved in a variety of ways. What exactly that means for you is going to be determined by the specifics of your case. A charge may be dropped entirely or lessened in severity as part of a successful defense. A not guilty finding at trial or the case not being indicted by a grand jury are both examples of outcomes that qualify as victories in legal proceedings.  Take the first step and contact our Deadly Conduct Defense Lawyers at Ridgely Davis Law Today.