Deadly Conduct Lawyer In Orange, TX
Deadly conduct is a charge about danger, not injury. Nobody has to be hurt, and the most common version starts with a firearm pointed at another person. This page covers the two parts of the statute, the penalties, the defenses and the court process in the county.
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?
Texas Penal Code § 22.05 has two parts, and they are different offenses with different levels.
Subsection (a), reckless deadly conduct. A person recklessly engages in conduct that places another in imminent danger of serious bodily injury. Reckless means the person was aware of a substantial and unjustifiable risk and consciously disregarded it. This is a Class A misdemeanor.
Subsection (b), discharging a firearm. A person knowingly discharges 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 being reckless about whether it is occupied. This is a third degree felony.
Nobody has to be hit, hurt or even frightened. The offense is complete when the danger is created.
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 the conduct created
- Another person was placed in imminent danger of serious bodily injury
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 a starting point the jury is told about, not the end of the question. It can be rebutted, and justification under Chapter 9 remains a defense.
A 2025 amendment added that the presumption does not apply to a peace officer lawfully discharging official duties.
Penalties And Consequences
What Are The Penalties For Deadly Conduct In Texas?
Which subsection is charged decides the court, 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.
- Discharging a firearm, § 22.05(b)
- Third degree felony. Two to ten years in prison and a fine of up to $10,000.
- Firearms
- A felony conviction restricts firearm possession under Penal Code § 46.04 and bars it under federal law, 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. A felony adds lasting consequences for work, housing and firearms.
The same night can produce a misdemeanor on one set of facts and a felony on another, which is why the details of where the gun was pointed or fired matter.
Real Questions
What Do People Ask About Deadly Conduct In Texas?
Is deadly conduct the same as aggravated assault?
What if the gun was unloaded?
What if I fired a warning shot?
Does deadly conduct involve a gun every time?
Possible Defenses
How Can Deadly Conduct Be Defended?
The case turns on what the person did, what they knew and who was in danger. An attorney looks at the physical evidence, the witness accounts and the statute's elements to see what the state can prove. No result can be promised.
Deadly conduct sits between the firearm offenses and aggravated assault. Shots fired inside city limits with no one endangered may instead be charged as discharging a firearm in a municipality, a different offense with a different range.
Justification is a defense to any offense.
Under Penal Code § 9.02, justification is a defense to prosecution. Producing a weapon to create apprehension that deadly force will be used, when force itself would be justified, is treated by § 9.04 as a threat of force rather than the use of deadly force.
Evidence can also include the recovered firearm, shell casings, bullet trajectories, damage to a structure, and phone or doorbell video.
The Direction Of The Firearm
Was it pointed or fired at a person, home, building or vehicle, or somewhere else?
Imminent Danger
Was anyone actually in danger, or only distant or out of range?
Occupancy Knowledge
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?
Chapter 9 Justification
Did the person reasonably believe the threat or force was justified?
Identification
Is the person accused the person who held or fired the firearm?
Local Process
What Happens After A Deadly Conduct Arrest In Orange County?
The steps below follow Texas law. Which court hears the case depends on whether it is charged as a misdemeanor or a felony.
Arrest And Bond
After booking, a magistrate sets bond and conditions. A firearms-related arrest can lead to conditions about weapons.
Charging
A misdemeanor proceeds on a complaint and information. A felony goes to a grand jury.
Evidence And Court
The defense can request the state's evidence under article 39.14. The case is then set for hearings, negotiation or trial.
- Where it is filed
- A Class A case is filed in one of the Orange County Courts at Law. A felony is heard in one of the county's three district courts: 128th District Court, 163rd District Court, and 260th District Court.
- Who prosecutes
- The Orange County District and County Attorney's Office, one office for both levels.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- If the case is appealed
- 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 was pointed can decide the level of the charge.
Do Not Handle The Firearm
Follow any bond condition about weapons, and ask before moving or surrendering a gun.
Save Video And Messages
Doorbell, phone and security video may help show what actually happened.
List Who Was Present
Names of people who saw the event can matter to a justification claim.
Note 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.
Talk to a lawyer before agreeing to anything, since a felony conviction can end a person's right to possess firearms. Mitchell Law Firm offers a confidential conversation about a deadly conduct charge in Orange 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 self-defense and threats of 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 Orange 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 Orange, TX
Deadly conduct overlaps with aggravated assault and with the firearm offenses, and the facts decide which fits. See the full Assault Crimes defense overview for Orange.
Assault
Three different offenses share one statute, from a fine-only Class C to a felony when the facts or the person involved change.
Aggravated Assault
A second degree felony built on serious bodily injury or a deadly weapon, and a first degree felony in a short list of situations.
Vehicular Assault
Not a Texas statute by that name. A crash that hurts someone is charged under one of four other laws, and which one decides the range.
Family Violence
An assault charge with a family finding attached, which brings protective orders, a firearm ban and limits on sealing the record.
Injury To A Child Or Elderly Person
A felony at every level, graded by the injury and the mental state, and chargeable for a failure to act as well as for an act.
Kidnapping
Restraint, kidnapping and aggravated kidnapping are three steps on one ladder, and the step depends on intent and on what was done.
Terroristic Threats
A threat charge whose level depends on who was threatened and what the threat was meant to cause, from Class B to third degree felony.
Common Questions
Deadly Conduct Questions People In Orange Ask
What is deadly conduct in Orange, TX?
Under Texas Penal Code § 22.05, deadly conduct is recklessly engaging in conduct that places another person in imminent danger of serious bodily injury. A separate subsection covers knowingly discharging a firearm at or in the direction of one or more people, or toward a habitation, building or vehicle while reckless about whether it is occupied.
Is pointing a gun at someone a crime in Orange County?
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 the firearm was loaded. That allows pointing a firearm to be charged as Class A deadly conduct, subject to defenses such as justification under Chapter 9 of the Penal Code.
What is the punishment for deadly conduct in Orange, TX?
Reckless deadly conduct under § 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 an occupied or possibly occupied habitation, building or vehicle under § 22.05(b) is a third degree felony, with two to ten years and a fine of up to $10,000.
Is firing a gun into the air deadly conduct in Orange County?
The felony version of deadly conduct requires discharging a firearm at or in the direction of people, a habitation, a building or a vehicle. Firing into the air can still be charged as reckless deadly conduct if it placed someone in imminent danger, and inside city limits it can also fall under the separate offense of discharging a firearm in a municipality.
Can self-defense apply to a deadly conduct charge in Orange, TX?
Penal Code § 9.02 makes justification a defense to prosecution for any offense, including deadly conduct. Under § 9.04, producing a weapon to create apprehension that deadly force will be used, when force itself would be justified, counts as a threat of force rather than deadly force. Once the evidence raises justification, the state has to disprove it beyond a reasonable doubt.
Does the state have to prove I meant to hurt someone for deadly conduct in Orange, TX?
Intent to hurt is not an element of the misdemeanor version. The state must prove recklessness, meaning the person was aware of a substantial and unjustifiable risk and consciously disregarded it, and that someone was placed in imminent danger. The felony version requires a knowing discharge of the firearm, plus recklessness about occupancy where a building or vehicle is involved.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A deadly conduct arrest can be a misdemeanor or a felony on the same facts. Calling early leaves more of the options on the table.
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