San Antonio Deadly Conduct Attorney

Under Texas Penal Code 22.05, “deadly conduct” is a criminal offense that occurs when a person intentionally or knowingly engages in conduct that places another person in imminent danger of serious bodily injury or death, or that creates a substantial risk of serious bodily injury or death to another person. This can include discharging a firearm at an individual or habitation, as well as pacing another person in imminent danger in any other way.

There are two ways that a person can commit the offense of deadly conduct in Texas:

1. Intentionally or knowingly discharging a firearm at or in the direction of:
   1. One or more individuals; or
   2. A habitation, building, or vehicle and being reckless about whether it is occupied.
2. Intentionally or knowingly engaging in conduct that places another person in imminent danger of serious bodily injury or death. This can include threatening another person with a deadly weapon or engaging in other dangerous or reckless behavior that puts another person at risk of serious harm.

It’s important to note that the prosecution must prove that the defendant acted with the required level of intent to secure a conviction for deadly conduct.

The difference between deadly conduct and aggravated assault in Texas

In Texas, “deadly conduct” and “aggravated assault” are two distinct criminal offenses that are defined and punished under separate provisions of the Texas Penal Code.

“Deadly conduct” is defined as intentionally or knowingly engaging in conduct that places another person in imminent danger of serious bodily injury or death, or that creates a substantial risk of serious bodily injury or death to another person. This can include discharging a firearm at an individual or habitation, as well as pacing another person in imminent danger in any other way.

“Aggravated assault,” on the other hand, is defined as committing assault (i.e., intentionally, knowingly, or recklessly causing bodily injury to another person, or threatening another person with imminent bodily injury) and either:

1. Using or exhibiting a deadly weapon during the commission of the assault; or
2. Causing serious bodily injury to the victim.

In summary, the key difference between deadly conduct and aggravated assault is that deadly conduct involves conduct that places another person in imminent danger of serious bodily injury or death, whereas aggravated assault involves either causing bodily injury to another person or threatening them with imminent bodily injury and either using a deadly weapon or causing serious bodily injury.

Defenses to Deadly Conduct in Texas

Deadly conduct is a serious criminal offense in Texas that can result in significant prison time and fines if a person is convicted. If you have been charged with deadly conduct in Texas, it is important to understand the defenses that may be available to you and how you can use them to your advantage. Here are four common defenses to deadly conduct in Texas:

1. Alibi: One defense to deadly conduct is to provide an alibi, which is evidence that you were not present at the location where the offense occurred at the time it was committed. For example, you might present evidence that you were at work or with a friend at the time of the alleged offense. If you can provide a solid alibi, it may be difficult for the prosecution to prove that you were the one who committed the offense.
2. Self-defense: If you were acting in self-defense or in defense of another person when you allegedly committed deadly conduct, you may be able to use this as a defense. In order to claim self-defense, you must be able to show that you had a reasonable belief that you or someone else was in imminent danger of serious bodily injury or death, and that the conduct you engaged in was necessary to prevent that harm.
3. Lack of intent: In order to be convicted of deadly conduct in Texas, the prosecution must be able to prove that you acted intentionally or knowingly when you engaged in the conduct that placed another person in danger. If you can show that you did not act with the required level of intent, it may be difficult for the prosecution to secure a conviction against you.
4. Lack of evidence: Finally, another defense to deadly conduct is to challenge the sufficiency of the evidence against you. If the prosecution cannot provide enough evidence to prove beyond a reasonable doubt that you committed the offense, you cannot be convicted. You may be able to challenge the credibility of the prosecution’s witnesses, attack the reliability of any physical evidence that has been presented, or point out gaps in the prosecution’s case to try to undermine their evidence.

It’s important to note that every case is different, and the specific defenses that are available to you will depend on the circumstances of your case. If you have been charged with deadly conduct in Texas, it is strongly recommended that you speak with an experienced criminal defense attorney who can help you understand your options and develop a strategy to defend yourself against the charges.

Punishment for Deadly Conduct in Texas

Deadly conduct can be charged as either a misdemeanor or a felony in Texas, depending on the specific circumstances of the case.

Under Texas Penal Code 22.05(a), deadly conduct is generally charged as a Class A misdemeanor if it is alleged that the defendant engaged in conduct that placed another person in imminent danger of serious bodily injury but did not use a deadly weapon or cause serious bodily injury to the victim. Class A misdemeanors are punishable by up to one year in jail and a fine of up to $4,000.

Under Texas Penal Code 22.05(b), deadly conduct is charged as a third-degree felony if it is alleged that the defendant either knowingly discharged a firearm at or in the direction of one or more people or a habitation, building, or vehicle and was reckless as to whether the habitation, building, or vehicle was occupied. Third-degree felonies are punishable by 2 to 10 years in prison and a fine of up to $10,000.

It’s important to note that deadly conduct is a serious criminal offense that can have significant consequences for those who are convicted. In addition to the potential for jail time and fines, a conviction for deadly conduct can also result in the loss of certain rights, such as the right to own or possess firearms, and can have a negative impact on a person’s employment, housing, and other aspects of their life. If you have been charged with deadly conduct in Texas, it is essential that you seek the assistance of an experienced criminal defense attorney who can help you understand your options and defend yourself against the charges.

Attorney Brad Thornton

If you have been charged with deadly conduct in San Antonio, Texas, it is important to take the charges against you seriously and to seek the assistance of an experienced criminal defense attorney as soon as possible. One attorney who may be able to help you is Brad Thornton, a board-certified criminal defense attorney who has extensive experience handling deadly conduct cases in San Antonio.

There are several reasons why you should consider calling Brad Thornton for a free consultation if you have been charged with deadly conduct in San Antonio. First, Mr. Thornton is a former chief prosecutor, which means that he has a deep understanding of the criminal justice system and how the prosecution is likely to approach your case. This insight can be invaluable when it comes to building a strong defense and negotiating with the prosecution.

Second, Mr. Thornton is a board-certified criminal defense attorney, which is a designation that is only awarded to attorneys who have demonstrated a high level of knowledge, skill, and experience in the field of criminal defense. When you work with a board-certified attorney like Mr. Thornton, you can have confidence that you are being represented by someone who has a proven track record of success.

Finally, Mr. Thornton is committed to providing top-quality representation to his clients. He understands the importance of a strong defense, and he will work tirelessly to protect your rights and help you achieve the best possible outcome in your case. If you have been charged with deadly conduct in San Antonio, don’t hesitate to call Brad Thornton for a free consultation.