Deadly Conduct Lawyer In Conroe, TX
Deadly conduct punishes the risk, not the result. No one has to be hit or hurt, and the same afternoon can produce a misdemeanor or a felony depending on whether a trigger was pulled and which way the muzzle pointed. This page covers the two parts of the statute, the penalties, the defenses and the court process.
What Is Deadly Conduct In Texas?
Deadly conduct under Texas Penal Code § 22.05 is recklessly placing another person in imminent danger of serious bodily injury, a Class A misdemeanor. Knowingly discharging a firearm at or toward people, or toward a habitation, building or vehicle, is a third degree felony. No one has to be injured for either version.
Understanding Texas Law
How Does Texas Law Define Deadly Conduct?
Penal Code § 22.05 holds two separate offenses. They share a name but differ in mental state, in conduct and in level.
The reckless version, § 22.05(a). Recklessly engaging in conduct that places another person in imminent danger of serious bodily injury. Reckless means the person was aware of a substantial and unjustifiable risk and consciously disregarded it. Driving a truck at a group of people to scare them, or waving a loaded rifle around a crowded yard, are examples. It is a Class A misdemeanor.
The discharge version, § 22.05(b). Knowingly discharging a firearm at or in the direction of one or more individuals, or at or in the direction of a habitation, building or vehicle while reckless about whether it is occupied. It is a third degree felony.
What the state must prove for the misdemeanor version:
- The person engaged in conduct, such as pointing or handling a firearm
- The person was reckless about the risk that conduct created
- Another person was placed in imminent danger of serious bodily injury
Under § 22.05(c), recklessness and danger are presumed when a person knowingly points a firearm at or in the direction of another, whether or not the person thought it was loaded. In a boundary dispute where a rifle is raised toward a neighbor, that presumption is the state's starting point.
A presumption is not a conviction. The jury may find the presumed fact but is not required to, and the defense can offer evidence that rebuts it.
Penalties And Consequences
What Are The Penalties For Deadly Conduct In Texas?
The subsection in the charging document decides the range and whether the case is a felony. These are statutory limits, not predictions, and both levels can carry firearm consequences beyond the sentence.
Up to a $4,000 fine.
Third degree felony with a fine of up to $10,000.
- Reckless conduct, § 22.05(a)
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
- Firearm discharged, § 22.05(b)
- Third degree felony. Two to ten years in prison and a fine of up to $10,000.
- Firearm rights
- A felony conviction restricts firearm possession under Penal Code § 46.04 and bars it under 18 U.S.C. § 922(g)(1).
- Probation
- The law allows community supervision or deferred adjudication in some cases, and the court decides. Eligibility depends on the level and on any deadly weapon finding.
- Record
- A conviction is a public criminal record, and a felony adds lasting effects on work, housing and firearms.
One night can produce a misdemeanor on one set of facts and a felony on another, which is why the direction of the muzzle and the position of the people nearby matter.
Real Questions
What Do People Ask About Deadly Conduct In Texas?
Is deadly conduct the same as aggravated assault?
Does it matter if the gun was not loaded?
What if I fired a shot at a fence line or into the ground?
Does every deadly conduct case involve a gun?
Possible Defenses
How Can Deadly Conduct Be Defended?
The case turns on what the person did, what the person knew and who was actually in danger. An attorney reviews the physical evidence, the witness accounts and the statute's elements to see what the state can prove. No result can be promised.
The charge sits between the weapon offenses and aggravated assault. Shots fired inside city limits with no one endangered can be charged instead as discharging a firearm in a municipality, and carrying the gun can raise a separate unlawful carrying question.
Justification is a defense to any offense.
Chapter 9 of the Penal Code allows force, and in some situations a threat of force, to protect a person from unlawful force. Producing a weapon to create fear that force will be used is treated differently from using deadly force, when force itself would be justified.
The evidence can include the recovered firearm, shell casings, bullet strikes, damage to a structure, and phone or doorbell video.
Muzzle Direction
Was the firearm pointed or fired at a person, home, building or vehicle, or somewhere else?
Imminent Danger
Was anyone in actual danger, or only far away or out of range?
Occupancy
Did the person know, or recklessly disregard, that a structure could be occupied?
Recklessness
Was there conscious disregard of a known risk, or an accident?
Justification
Did the person reasonably believe the threat or force was justified under Chapter 9?
Who Held It
Is the person accused the person who held or fired the firearm?
Local Process
What Happens After A Deadly Conduct Arrest In Montgomery County?
The steps below follow Texas law. Which building hears the case depends on whether it is charged as a misdemeanor or a felony in Montgomery County.
Arrest And Bond
After booking, a magistrate sets bond. A firearm arrest can bring conditions about weapons.
The Filing Decision
The state chooses between the reckless subsection and the discharge subsection. A misdemeanor proceeds on a complaint and information, and a felony goes to a grand jury.
Evidence And Resolution
The defense can ask for casings, firearm records, video and 911 audio under article 39.14. The case then ends in dismissal, reduction, plea, deferred adjudication where allowed, or trial.
- Where it is filed
- A Class A case is filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- If it is a felony
- Heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, prosecuted by the Montgomery County District Attorney's Office.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Deadly Conduct Charge?
These steps are general information, not advice for any one person.
Do Not Discuss The Incident
Statements about where the firearm pointed can decide the level of the charge.
Leave The Firearm Alone
Follow any bond condition about weapons, and ask before moving or surrendering a gun.
Save Video And Messages
Doorbell, phone and security footage may help show what happened.
List Who Was There
Names of people who saw the event can matter to a justification claim.
Mark Court Dates
A missed setting can create a warrant and a bond problem.
Avoid Social Media
Posts about the incident or firearms can be used as evidence.
Speak with a lawyer before agreeing to any resolution, because a felony conviction can take away the right to own firearms. Mitchell Law Firm offers a confidential conversation about a deadly conduct charge in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 22: Deadly conduct and related offenses
- Texas Penal Code Chapter 6: Culpable mental states, including recklessness
- Texas Penal Code Chapter 9: Justification, including threats of force and deadly force
- Texas Penal Code Chapter 12: Punishment ranges
- Texas Penal Code Chapter 46: Weapons offenses and firearm restrictions
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Assault Charges
Other Assault Charges Handled In Conroe, TX
Deadly conduct overlaps with aggravated assault on one side and the weapon offenses on the other. See the full Assault Crimes defense overview for Conroe.
Assault
One statute, three kinds of accusation, and a range that runs from a fine-only ticket to a felony.
Aggravated Assault
An assault plus serious bodily injury or a deadly weapon: a second degree felony, and first degree in situations the statute lists.
Vehicular Assault
Not an offense by that name in Texas. An injury crash is charged under one of four statutes, and the one chosen sets the range.
Family Violence
An assault or threat between family, household members or dating partners, with protective orders, firearm limits and a finding that stays on the record.
Injury To A Child Or Elderly Person
A felony at every level, graded by the harm and the mental state, and chargeable for failing to act as well as for acting.
Kidnapping
Unlawful restraint, kidnapping and aggravated kidnapping: three levels of one idea, separated by intent, deadly force and purpose.
Terroristic Threats
A threat of violence made with a listed purpose: Class B at the base, and up to a third degree felony depending on the target and the intent.
Common Questions
Deadly Conduct Questions People In Conroe Ask
Is deadly conduct a felony in Conroe, TX?
It depends on the subsection charged. Reckless deadly conduct under Texas Penal Code § 22.05(a) is a Class A misdemeanor, with up to one year in county jail and a fine of up to $4,000. Knowingly discharging a firearm at people, or toward a habitation, building or vehicle while reckless about whether it is occupied, is a third degree felony under § 22.05(b).
Can you be charged with deadly conduct in Montgomery County if nobody was hurt?
Deadly conduct does not require an injury. Section 22.05(a) is complete when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, and § 22.05(b) is complete when the firearm is knowingly discharged in the prohibited direction. Whether anyone was struck or frightened is not an element of either version.
Is pointing an unloaded gun at someone deadly conduct in Conroe, TX?
Section 22.05(c) presumes recklessness and danger when a person knowingly points a firearm at or in the direction of another, whether or not the person believed it was loaded. A presumption is where the jury starts, not where it must end. Other evidence can rebut it, and justification under Chapter 9 of the Penal Code remains available.
Is firing a gun into the air deadly conduct in Montgomery County?
The felony version requires a discharge at or in the direction of people, a habitation, a building or a vehicle. A shot into the air can still be charged as reckless deadly conduct if it placed someone in imminent danger, and inside city limits it may also fall under the separate offense of discharging a firearm in a municipality.
Where is a deadly conduct case heard in Montgomery County?
A Class A charge is filed in one of the Montgomery County Courts at Law. A felony charge under § 22.05(b) goes to a grand jury and, if indicted, is heard in the district courts at the Montgomery County Criminal Justice Center, prosecuted by the Montgomery County District Attorney's Office. The misdemeanor and felony courts are in separate buildings.
Does a deadly conduct conviction in Conroe, TX affect gun rights?
A felony conviction under § 22.05(b) brings the Texas restriction in Penal Code § 46.04 and the federal prohibition in 18 U.S.C. § 922(g)(1). A misdemeanor case can also carry firearm consequences, because bond conditions can restrict possession while the case is pending and a family violence finding brings its own prohibitions.
Mitchell Law Firm, PLLC
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The same facts can be filed as a misdemeanor or a felony. Calling early leaves more of the options on the table.
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