Being charged with deadly conduct in Texas is a serious matter that can carry life-changing consequences. The offense covers a wide range of behavior and can be charged as either a misdemeanor or felony. If you are facing deadly conduct charges in the Houston area, you need an experienced criminal defense attorney to help protect your rights and your future.
Why Choose Ceja Law Firm?
Attorney Jose Ceja is a former prosecutor and Board-Certified in Criminal Law by the Texas Board of Legal Specialization. He has successfully defended individuals charged with deadly conduct and other violent offenses throughout the Greater Houston area. He is known for his meticulous case preparation, aggressive negotiation, and trial skills.
Understanding Deadly Conduct Under Texas Law
The Texas Penal Code defines deadly conduct under Section 22.05. This law makes it a crime to engage in behavior that places another person in danger of serious bodily injury. There are two main ways a person can be charged:
- Reckless Conduct: Under Section 22.05(a), a person commits deadly conduct if he or she recklessly engages in conduct that places another in imminent danger of serious bodily injury. This is a Class A misdemeanor.
- Discharging a Firearm: Under Section 22.05(b), a person commits deadly conduct if he or she knowingly discharges a firearm at or in the direction of: (1) one or more individuals; or (2) a habitation, building, or vehicle and is reckless as to whether it is occupied. This is a third-degree felony.
Under the statute, “serious bodily injury” is defined as injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or prolonged impairment of a bodily organ.
Penalties for Deadly Conduct
The potential punishment depends on how the offense is charged:
- Class A Misdemeanor: Up to 1 year in jail and a maximum $4,000 fine.
- Third-Degree Felony: 2 to 10 years in prison and a maximum $10,000 fine.
Additional Consequences
Aside from the criminal penalties, a conviction for deadly conduct can have long-lasting effects:
- A permanent criminal record
- Difficulty finding employment
- Loss of professional licenses
- Immigration consequences for non-citizens
- Ineligibility for certain types of gun ownership
Defenses to Deadly Conduct Charges
Each case is different, but possible defenses may include:
- The accused did not act recklessly
- The accused did not knowingly discharge a firearm
- No one was placed in actual danger
- The accused acted in self-defense or defense of others
Attorney Jose Ceja carefully investigates the facts of each case. In many instances, a thorough review of the evidence—including witness statements, videos, and forensic reports—reveals weaknesses in the prosecution’s case.
In some situations, a charge of deadly conduct may be eligible for dismissal or reduction to a lesser offense. In other cases, a pre-trial intervention (PTI) or deferred adjudication may be possible. And when necessary, Mr. Ceja is fully prepared to take your case to trial.
Expunction After a Dismissal or Acquittal
If your case is dismissed or you are found not guilty, you may be eligible to have all records of your arrest and prosecution expunged. This can help ensure that a deadly conduct accusation does not follow you for life. Ceja Law Firm regularly helps clients with expunctions and can guide you through this process.
Frequently Asked Questions About Deadly Conduct Charges in Texas
What does “recklessly” mean under Texas law?
In deadly conduct cases, “reckless” means the person was aware of the risk their behavior posed to others but disregarded that risk. It’s more than just a mistake—it shows a disregard for safety.
Can I be charged with deadly conduct even if no one was hurt?
Yes. You can be charged even if no one was physically injured. The law focuses on whether your actions placed someone in imminent danger of serious bodily injury.
Is firing a gun in the air considered deadly conduct?
It can be. Discharging a firearm in the direction of people, buildings, or vehicles—even without hitting anyone—can lead to felony deadly conduct charges if done recklessly.
What happens if the case gets dismissed?
If your deadly conduct charge is dismissed or you are found not guilty, you may be eligible for an expunction, which permanently removes the record of the arrest and prosecution.
Does a deadly conduct conviction affect gun rights?
Yes. A conviction—especially a felony—can disqualify you from owning or possessing firearms under both Texas and federal law.
Charged with Deadly Conduct in Houston? Call Ceja Law Firm
Deadly conduct charges can arise from fights, road rage incidents, or misunderstandings involving firearms. Regardless of how the accusation arose, it is critical to have a knowledgeable and dedicated defense attorney in your corner.
Call Ceja Law Firm today to schedule a free consultation. We represent clients in Houston and throughout Harris County, including Pasadena, Baytown, and surrounding areas.
