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Deadly Conduct

Utilizing weapons in a threatening manner is a crime in Texas. The reckless use of a weapon in a public space is considered deadly conduct. The offense can be charged as either a misdemeanor or felony, depending on the circumstances.

A deadly conduct conviction in Texas is an incredibly serious matter. It can result in hefty fines, jail or ever prison time. Plus, the crime can result in collateral consequences due to your criminal record. If you’ve been charged with engaging in deadly conduct, it’s important to have an experienced Houston criminal defense attorney for legal representation.

Houston Deadly Conduct Lawyer, TX

A conviction for deadly conduct can result in serious penalties in Texas. If you or someone you know has been charged with deadly conduct, seek trusted legal representation immediately. At Horak Law, our Houston violence attorney Matt Horak will do everything to reduce or dismiss your charges. Stay ahead with Horak Law and start planning your defense today.

We accept clients in the greater Houston and The Woodlands area in Texas. Matthew Horak and his team also defend clients throughout the greater Harris County area and surrounding counties including Fort Bend County, Liberty County, Brazoria County, and Galveston County. Your first consultation is free so give us a call today at (713) 225-8000.

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What is Deadly Conduct in the Texas Penal Code?

Chapter 22 of the Texas Penal Code lists deadly conduct as an assaultive offense. According to the statute, an individual can be convicted of deadly conduct if he or she recklessly engages in conduct that places another in imminent danger of serious bodily injury. The statute goes on to state a person can be charged if they knowingly discharge a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle.

Simply put, deadly conduct does not require actual injury. The act of firing a gun in the direction of someone’s door satisfies the statute. This means that any conduct that may cause death can qualify as deadly conduct. In cases like these, it’s important to have the representation of a skilled legal attorney. If you have been arrested for committing deadly conduct, contact Horak Law.

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Deadly Conduct Penalties in TX

A deadly conduct offense will result in a Class A misdemeanor. The charge will be enhanced to a third-degree felony if the individual knowingly discharges a firearm and aims it at someone. Whether it’s classified as a misdemeanor or a felony, the crime of deadly conduct carries heavy penalties that could impact your life.

If an individual is convicted of a Class A misdemeanor, they can be sentenced up to one year in jail and pay up to a $4,000 fine. If they’re charged with third-degree felony deadly conduct, then they may serve a minimum of two years and a maximum of ten years in a state prison. When an individual is convicted of third-degree felony deadly conduct they will also be fined up to $10,000.

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Disorderly Conduct in Texas

Disorderly conduct is a similar offense to deadly conduct. Both offenses involve acting in a disruptive manner and threatening another individual or place. According to Chapter 42 Section 1 of the Texas Penal Code, an individual can be charged with disorderly conduct if they intentionally or knowingly:

  • Use abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace.
  • Makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace.
  • Creates, by chemical means, a noxious and unreasonable odor in a public place.
  • Abuses or threatens a person in a public place in an obviously offensive manner.
  • Makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy.
  • Fights with another person in a public place.
  • Discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code.
  • Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.
  • Discharges a firearm on or across a public road.
  • Exposes sex organs, genitals or anus in a public place.

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Deadly Conduct Additional Resources

Texas Penal Code: Deadly Conduct –  Visit the Texas Penal Code webpage to view Chapter 22, Section 5 which constitutes the deadly conduct offense. Click the link to read penalties for committing deadly conduct in Texas. The offense is classified as a Class A Misdemeanor.

Texas Penal Code: Disorderly Conduct – Visit Chapter 42, Section 1 of Texas Penal Code which provides information about disorderly conduct. Click the link to view the elements that constitute the offense. The webpage also lists the penalties that a person can acquire if they’re convicted of a disorderly conduct crime.

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Houston Attorney for Deadly Conduct | Texas Violent Crimes Lawyer

If you have been charged with deadly conduct, Houston criminal defense lawyer Matt Horak will aggressively and comprehensively defend your case. He has spent two decades building a reputation for his trial skills and fearless court demeanor. You can trust attorney Matt to aggressively fight on your behalf.

Horak Law defends clients convicted of deadly conduct in Houston, Texas and the surrounding areas, including all of Harris, Montgomery, Fort Bend, Brazoria, Waller, Galveston, and Liberty counties. It is important to receive competent legal assistance to ensure a good result. We advise you to call us today at (713) 225-8000 and schedule your free, initial consultation.

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  • Texas Board of Legal Specialization | Criminal Law
  • National College for DUI Defense
  • National Association of Criminal Defense Laywers
  • Harris County Criminal Lawyers Association
  • Matt Horak has earned recognition for community leadership by Lawyer Legion