Texas Deadly Conduct Defense Lawyers

Two Types of Deadly Conduct

Reckless Endangerment — §22.05(a)

A person commits an offense if they recklessly engage in conduct that places another in imminent danger of serious bodily injury. This is a Class A misdemeanor (up to 1 year in jail, fine up to $4,000).

Common scenarios that lead to reckless endangerment charges include:

• Reckless driving that endangers other motorists or pedestrians (when not charged as a separate traffic offense)
• Brandishing or displaying a firearm in a manner that creates danger
• Throwing objects from vehicles or overpasses
• Reckless handling of fireworks, power tools, or other dangerous items
• Road rage incidents involving aggressive vehicle maneuvers

Firearm Discharge — §22.05(b)

A person commits an offense if they knowingly discharge a firearm at or in the direction of one or more of the following:

• A person or group of persons
• A habitation (any structure or vehicle adapted for overnight accommodation)
• A building
• A vehicle

This is a third-degree felony (2 to 10 years in prison, fine up to $10,000). The prosecution does not need to prove that anyone was injured or that the defendant intended to hit anyone, only that the defendant knowingly discharged the firearm in the direction of the target.

Defense Strategies

Challenging “Recklessness”

Recklessness requires proof that the defendant was aware of but consciously disregarded a substantial and unjustifiable risk. Conduct that is merely careless, negligent, or ill-advised is not reckless. Doug evaluates whether the evidence actually supports the recklessness standard or whether the prosecution is stretching a poor decision into a criminal charge.

Challenging “Imminent Danger of Serious Bodily Injury”

The prosecution must prove that another person was actually placed in imminent danger of serious bodily injury, not just minor injury or theoretical risk. “Serious bodily injury” means injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of a body part or organ. Many deadly conduct charges involve situations where the risk, while real, did not rise to the level of serious bodily injury.

Challenging “Knowingly” in Firearm Cases

For the felony firearm discharge offense, the prosecution must prove the defendant knowingly discharged the weapon in the direction of the target. An accidental discharge, a discharge in a different direction than alleged, or a discharge where the defendant did not know people or structures were in the line of fire may not satisfy this element.

Self-Defense and Defense of Property

In some cases, the firearm discharge was a justified use of force. The defendant discharged the weapon in self-defense, defense of others, or defense of property under circumstances permitted by Texas law. Doug evaluates the facts against the Texas self-defense statutes to determine whether justification applies.

Challenging the Evidence

Firearm discharge cases rely on ballistic evidence, witness testimony, and sometimes gunshot residue analysis. Doug’s forensic science training allows him to evaluate the prosecution’s forensic evidence critically and challenge conclusions that are not supported by the physical evidence.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing criminal charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff has defended clients against serious criminal charges throughout his career. Our firm’s forensic science credentials and 30+ years of criminal defense experience mean you get a level of defense that most firms cannot provide.