Deadly conduct is a serious criminal offense in Texas that involves the reckless use of a firearm or other deadly weapon. If you have been charged with deadly conduct in Texas, it is important to understand the gravity of the situation


What is Deadly Conduct?

Deadly conduct is an assaultive offense outlined in the State law under Texas Penal Code § 22.05. The law states a person commits the offense of deadly conduct if he or she recklessly engages in any conduct that places another person in imminent danger of serious bodily injury or death. It can be a misdemeanor or a felony charge, depending on the specific details and circumstances of the offense.


A charge of deadly conduct in Texas does not require an actual injury. There are several elements of deadly conduct that the prosecution in such a case must prove: danger of harm (when someone knowingly puts another person at risk of injury/death), serious bodily injury (referring to any injury carrying the risk of death/disfigurement/impairment), recklessness (meaning a disregard for the risk of danger), intent (as it relates to a lack of consideration for the safety of others), and brandishing and/or discharge of a firearm (that is, aiming a firearm that is loaded or unloaded at a person, or at a building or vehicle that is or is not occupied). 



How to Beat a Deadly Conduct Charge in Texas

If you are charged with deadly conduct in Texas, you should seek professional legal representation as soon as possible. A Texas deadly conduct attorney can help you understand the charge of deadly conduct and how the charge could impact you.


Hiring a criminal defense attorney with experience handling deadly conduct cases should be your first step if you want to beat a deadly conduct charge because a skilled attorney will understand the law and the legal process, and can help you build a strong defense based on gathered evidence such as witness statements, video footage, or other physical evidence that can establish reasonable doubt and help prove your innocence. 


There are different ways to approach your defense. Your lawyer might include a challenge to the prosecution’s evidence; he can file motions to suppress evidence and cross-examine witnesses to uncover holes in the prosecution’s case. Or he might argue self-defense on your behalf if you were defending yourself or someone else when the incident occurred. Of course, if the evidence against you is too strong to secure an acquittal, your attorney may be able to negotiate a plea deal with the prosecution to help you avoid a trial and/or potentially be given a lesser sentence.


Your Deadly Conduct Attorney in Austin

Beating a deadly conduct charge in Texas is not easy; the outcome of your situation will depend on the specific facts and circumstances of your case. Hiring an experienced criminal defense attorney is the most important step toward increasing your chances of beating the charge.


If you are facing deadly conduct charges in Austin, Texas, or the surrounding area, consulting with a respected attorney is key. Having a lawyer on your side like the professional, board-certified criminal defense attorney Brian Erskine of Erskine Law can help you reach the best possible outcome in your case. The Law Maverick Brian Erskine knows the law and will be able to build a solid case on your behalf to fight any unwarranted deadly conduct charges against you. Contact Erskine Law to discuss your situation and get some guidance during a free consultation about your case.