Deadly Conduct
It is important to hire an experienced Houston criminal defense lawyer because criminal charges for deadly conduct do not have to result in a conviction and the resulting lifelong consequences. In order to convict you, the state prosecutor must prove to a jury that you committed every element of the misdemeanor or felony offense beyond a reasonable doubt. With an experienced trial lawyer defending you, this is a very difficult burden to meet, and any reasonable doubt in the mind of any of the members of the jury can result in a not guilty verdict or a hung jury. Also, depending on the circumstances of your case, there may be more effective options than going to trial such as a pretrial intervention agreement or deferred adjudication probation. Either way, it is vital to contact an experienced criminal attorney in Houston who will fight for you.
Houston Deadly Conduct Defense Lawyers
If you have been charged with committing the criminal offense of deadly conduct in Harris County or any of the surrounding counties in Texas, contact the law offices of James G. Sullivan and Associates. With over 30 years of defense trial experience, Sullivan’s legal team will fight for you and use every legal strategy possible to get the best result. Call 281-546-6428 for a free consultation.
Deadly Conduct
According to Section 22.05 of the Texas Penal Code, there are several ways to commit deadly conduct. The conduct charged is essentially recklessness and with a primary focus on firearms.
Deadly conduct is committed by:
- Recklessly engages in conduct that places another person in imminent danger of serious bodily injury
- Knowingly discharges a firearm at or in the direction of:
- one or more individuals, or
- a house, building or car and is reckless as to whether or not it is occupied.
Recklessness and danger are presumed if
the person knowingly pointed a firearm at or in the direction of another
whether or not the person believed the firearm to be loaded.
Some road rage behavior could be charged
as deadly misconduct. For example, if a driver speeds through rush
hour, quickly changing lanes, cutting off other drivers or
maneuvering on and off the emergency lane, he places other drivers in
danger of serious bodily injury because his reckless actions could cause
a motor vehicle accident or collision.
Serious Bodily Injury
According to Section 1.07 of the Texas Penal Code, serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Recklessness
According to Section 6.03 of the Texas Penal Code, a person commits a reckless act, not necessarily intending to harm another, but without regard for the result. If a person is aware of but consciously disregards a substantial and unjustifiable risk that a likely result will occur, he or she acts recklessly.
For example, discharging a firearm at a
street sign when there is a house directly behind it and in the line of
fire, without intending to injure anyone, is reckless because the person
is disregarding the risk that the house is occupied and a person inside
could be seriously injured. In fact, Sullivan successfully defended a juvenile at a jury trial charged with deadly conduct under these circumstances.
Punishment for Deadly Conduct Charges in Harris County
The punishment for this offense varies depending on whether a firearm was involved. Deadly conduct is charged as a Third Degree Felony when a firearm is involved and as a Class A Misdemeanor when a firearm is not involved.
Deadly conduct conviction as a Class A Misdemeanor could result in:
- a fine up to $4,000
- confinement in jail for up to one year and/or probation
- a criminal record available to the public
- a driver’s license suspension
- prevented from pursuing certain careers
- participation in a pre-trial diversion program
- restitution, reimbursing the victim for any expenses resulting from the crime
Deadly conduct conviction as a Third-Degree Felony could result in:
- a fine up $10,000
- imprisonment for up to 10 years and/or probation
- a felony criminal record available to the public
- prevented from pursuing certain careers
- prevented from receiving certain kinds of governmental assistance
- prevented from owning or possessing a firearm
- prevented from voting or holding public office
- participation in a pre-trial diversion program
- restitution, reimbursing the victim for any expenses resulting from the crime
In addition to this punishment, the stigma of a conviction or subsequent jail or prison time for deadly conduct carries negative social consequences. However, a conviction may not have to happen and that is why it is important to discuss your options with an experienced Harris County deadly conduct lawyer.
You can be charged by the state with deadly conduct for any action that could imminently cause serious harm to another person. Because the kinds of actions and circumstances are so broad, there are just as many possible defenses. If you have been charged with deadly conduct in Harris County, or the surrounding areas, protect your rights, freedom and future.
Trust your case to a Houston firm that is dedicated to fighting for the best outcome. Call the law offices of James G. Sullivan and Associates at 281-546-6428 for a free consultation.
James G. Sullivan and Associates | Harris County Deadly Conduct Attorneys
James Sullivan graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Contact James Sullivan & Associates for a free initial consultation at 281-546-6428 about your aggravated assault charges in Harris County (Houston) or Fort Bend County (Richmond).
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.