Introduction
Criminal threat, as a type of deadly conduct, is a second degree felony in Texas, which incorporates a number of actions that create a menace with serious bodily harm or murder. Thus, the law targets those who endanger the lives and health of other persons without regard to the consequences while also targeting persons who act with actual knowledge of the resulting risk. This feature is a discussion of what is considered deadly conduct in Texas, the law and consequences of the charge, and how it is different from other crime categories of the state.
What is deadly conduct?
Deadly conduct is a felony assault provided in chapter 22 of the Texas penal code. On the same note, the law spells out the deadly conduct to mean the conduct the actor undertook perilously, in a manner likely to eventualize foetus in an individual, other than the actor, of serious physical harm. The Texas Penal Code states that a person could be charged with deadly conduct if they:The Texas Penal Code has it that a person could be charged with deadly conduct if:
- Brandish a fire arm at another person
- Discharge a firearm in a negligent manner in the direction of a building or a vehicle regardless of spending or not spending time there.
- Uses a firearm at or in the direction of another person, negijk, and with extreme recklessness as to whether the person may be killed or injured therefrom
It is also relevant to note here that the crime of deadly conduct can be constituted without instance of inflicting harm or physical injury. The law also covers an act as simple as firing a shotgun at another person’s door. Not even the firearm needs to be loaded; a criminal charge can be made just by possessing one. It was stated that under the Texas law any conduct that could result in death is considered as deadly conduct. This is why, having an experienced defense attorney is essential if one is charged with deadly conduct.
What Is Penalty For Deadly Conduct In Texas?
Under Texas law, deadly conduct is a serious crime and carries a long sentence. The crime of deadly conduct without any annoying factors is a first-degree crime. Moreover, maximum penalties for a Class A misdemeanor include:
- Up to 12 months in prison and a fine of up to $4,000.
If a firearm is involved, the court will reclassify the crime as a felony. Instead of facing a first-degree misdemeanor, you will be charged with a third-degree felony.
However, maximum penalties for a third-degree felony include:
- Upto 10 years in prison and fine of up to $10,000
As an additional value, you may lose the capability to possess a firearm due to your conviction for deadly conduct.
Texas Penal Code – PENAL § 22.05. Deadly Conduct
Current as of April 14, 2021 | Updated by FindLaw Staff
1) A person commits a crime if he engages in irresponsible conduct that is likely to cause serious bodily injury to another person.
2) It is a crime if he intentionally discharges a firearm at or toward any person:
3) One or more persons; or
4) Any dwelling, building, or vehicle and disregards the person living in the dwelling, building, or vehicle.
5) Irresponsibility and endangerment are considered when an actor intentionally points a firearm at or toward another person, whether or not the actor believes the firearm is loaded.
6) For purposes of this section, the words “building,” “dwelling,” and “vehicle” have the same meanings as are assigned to them under Section 30.01.
7) The offense set forth in subsection (a) is a misdemeanor of the first degree. The offense set forth in subsection (b) is a felony of the third degree.
(a) The victim’s actual consent or the actor’s realistic belief that the victim consented to the actor’s conduct constitutes a defense to a action under section 22.01 (assault), 22.02 (serious assault), or 22.05 (deadly conduct) if:
(1) The conduct did not threaten or cause serious physical injury; or
(2) The victim knew that his conduct posed a risk to:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted using recognized methods.
(B) The defense against prosecution provided in subparagraph (A) is not available to a defendant who commits the offense described in subparagraph (A) as a condition of the defendant’s or the victim’s initial or continuing membership in a criminal street gang, as defined in Section 71.01.
Next Part of Code
(a) A person commits an offense if he or she threatens to commit any crime involving violence against any person or property in order to:
(1) produce any response to the threat by any official or helper agency organized to deal with emergencies;
(2) put any person in fear of imminent serious bodily injury;
(3) prevent or impede the occupation or use of any building, room, place of assembly, place accessible to the public, place of business or vocation, aircraft, motor vehicle, other form of transportation, or any other public place;
(iv) cause impairment or interruption of public communications, public transportation, public water, gas or electric supply or any other public service;
(5) put the public or a large group of members of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of any branch or agency of the Federal Government, State, or political subdivision of State.
(b) An offense under subparagraph (a)(1) is a Class B misdemeanor.
(C) An offense under subparagraph (A)(2) is a Class B crime, except that the fault is a Class A misdemeanor if the offense:
(1) Committed against a member of the person’s family or household or otherwise constitutes domestic violence; or
(2) Committed against a public employee.
(C-1) Notwithstanding subparagraph (C)(2), an offense under subparagraph (A)(2) is a state jail felony if the crime is committed against a person known to the offender to be a peace officer or judge.
(D) An offense under subparagraph (A)(3) is a first-class misdemeanor unless the offender causes financial loss of $1,500 or more to owner of the building, room, place, or means of transportation in which the offense is committed, which would require state jail time if the offense is a felony.
(E) An offense under sub-section (a)(4), (a)(5), or (a)(6) is a crime of the third degree.
(F) In this section:
(1) “Family” have the same meaning as given in Section 71.003 of the Family Code.
(2) “Domestic violence” has same meaning as given in Section 71.004 of the Family Code.
(3) “Family” has the same meaning as given in Section 71.005 of the Family Code.
(G) For purposes of subparagraph (D), the amount of economic loss is the amount of economic loss sustained by the owner of a building, room, space, or vehicle as a result of the prevention or interruption of the occupancy or use of the building, room, space, or vehicle.
Conclusion
Deadly conduct is a serious crime in Texas, carrying significant penalties for those found guilty. Understanding the elements of the offense, potential defenses, and how it compares to other crimes can help persons navigate the legal system and make informed decisions. If you are facing charges of deadly conduct, it is crucial to look legal advice from an experienced lawyer who can provide guidance and representation
Helpful Resources