Deadly Conduct Defense in San Antonio: Serious Charges, Serious Defense

Understanding the Gravity of a Deadly Conduct Charge

Facing a deadly conduct charge in Texas is an extremely serious matter that can turn your life upside down in an instant. Unlike many offenses, you can be charged with deadly conduct even if no one was physically harmed. The charge hinges on danger created and risk disregarded, making it a uniquely challenging accusation that requires immediate and expert legal intervention. At Barton & Associates, we understand the fear and confusion that follows an arrest. Our experienced Texas criminal defense attorneys are dedicated to protecting your rights, your freedom, and your future by building a powerful, strategic defense against these severe allegations.

What Is Deadly Conduct Under Texas Law?

Texas Penal Code Section 22.05 outlines two distinct types of deadly conduct offenses. Understanding the precise legal definition is the first critical step in your defense.

Deadly Conduct by Reckless Endangerment (Texas Penal Code § 22.05(a))

This form of the offense occurs when a person “recklessly engages in conduct that places another in imminent danger of serious bodily injury.” The key elements the prosecution must prove are:

• Reckless Conduct: Your actions were not merely negligent or accidental. You were aware of a substantial risk of serious harm but consciously chose to disregard it.
• Imminent Danger: Your conduct created an immediate and present threat, not a vague or future possibility.
• Serious Bodily Injury: The risk was of an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of any bodily member or organ.

Examples include: Swerving a vehicle aggressively toward a pedestrian, swinging a deadly weapon in a crowded area, or engaging in violent conduct that endangers bystanders.

Deadly Conduct by Discharging a Firearm (Texas Penal Code § 22.05(b))

This is a more severe, specific offense. It occurs when a person “knowingly discharges a firearm” in the direction of:

• One or more individuals; or
• A habitation, building, or vehicle (regardless of whether it is occupied).

The critical distinction here is the mental state: “knowingly.” The prosecution must prove you were aware your actions would discharge the firearm in that direction. It is a strict law; a charge can be filed even if the building or vehicle was empty, as the act itself is deemed to show a reckless disregard for human life.

The Critical Element of “Recklessness”

The legal definition of recklessness is central to most deadly conduct charges. Under Texas law, a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk. This is far more than simple carelessness or negligence. The risk must be so significant that ignoring it constitutes a gross deviation from the standard of care a reasonable person would exercise. Our defense often focuses on challenging whether your conduct truly met this high legal threshold.

Severe Penalties for a Deadly Conduct Conviction

The consequences of a conviction are severe and scale dramatically depending on the subsection you are charged under. Beyond these direct legal penalties, a conviction—especially a felony—carries life-altering collateral consequences:

• Permanent Criminal Record: A felony conviction creates a record that affects employment, housing, professional licensing, and voting rights.
• Loss of Firearm Rights: Felony convictions result in a permanent loss of the right to own or possess firearms.
• Employment and Housing Discrimination: Many applications require disclosure of criminal history, leading to automatic disqualification.
• Damage to Personal and Professional Reputation: The stigma of a violent offense can isolate you from your community and professional networks.

Common Scenarios and Defense Strategies

Deadly conduct charges often arise from heated, chaotic situations. We have successfully defended clients in cases involving:

• Altercations that escalated to the brandishing of a weapon or vehicle.
• Celebratory gunfire that endangered neighbors.
• Alleged threats made with a visible weapon in hand.
• Reckless driving incidents that put others in fear for their lives.

At Barton & Associates, we build a defense by attacking the core elements of the prosecution’s case. Common defense strategies include:

• Challenging the “Reckless” or “Knowing” Mental State: We argue that the situation was an accident, a reflex, or that you were not aware of the substantial risk. For firearm charges, we may challenge whether you “knowingly” discharged the weapon in a prohibited direction.
• Disputing “Imminent Danger”: We present evidence that no one was actually placed in immediate danger, or that the alleged victim’s fear was not reasonable given the circumstances.
• Self-Defense or Defense of Others: If your actions were taken to protect yourself or someone else from an immediate threat of harm, this can be a complete legal justification.
• Lack of Evidence or Misidentification: We scrutinize witness statements, police reports, and any physical evidence. Were you the person who actually engaged in the conduct? Is the witness testimony credible?
• Violation of Constitutional Rights: If evidence was obtained through an unlawful stop, search, or seizure, we will file a motion to have it suppressed, which can cripple the state’s case.

The Critical Importance of Immediate Action

If you are under investigation or have been charged, the decisions you make in the first 24-72 hours are pivotal.

1. Invoke Your Right to Remain Silent. Do not try to explain yourself to law enforcement. Anything you say can and will be used against you. Politely state, “I wish to remain silent and I want to speak to an attorney.”
2. Do Not Discuss the Case. Avoid talking about the incident with anyone except your attorney. This includes friends, family, and especially on social media.
3. Contact a Defense Attorney Immediately. Early intervention by our firm allows us to protect your rights from the start, begin our investigation while evidence is fresh, and potentially influence the case before formal charges are filed.

Why Choose Barton & Associates for Your Deadly Conduct Defense

Facing a violent offense charge requires a law firm with the experience, resources, and tenacity to stand up to the prosecution.

• Former Prosecutorial Insight: Our attorneys include former prosecutors who know exactly how the state builds these cases. We understand their strategies, allowing us to anticipate and counter their arguments effectively.
• Aggressive and Strategic Defense: We are trial-tested litigators. We prepare every case as if it is going to trial, which gives us the leverage to seek dismissals or favorable plea agreements when appropriate. We fight to have charges reduced or dropped entirely.
• Compassionate, Client-Centered Representation: We understand the profound stress you are under. You will work directly with your attorney, who will guide you through every step, explain your options clearly, and fight for the best possible outcome.
• Deep Knowledge of Texas Courts: Our extensive experience in Texas courtrooms means we know the local judges, prosecutors, and procedures, giving your case a significant advantage.

Protect Your Freedom and Future Today

A deadly conduct charge is not something you can ignore or hope will go away. The potential for jail time, a felony record, and the destruction of your future is real. Do not navigate this complex and high-stakes legal battle alone.

Contact Barton & Associates today at 210-500-0000 for a confidential and thorough case evaluation. We will listen to your story, explain the charges and process in clear terms, and immediately begin building a powerful defense strategy designed to protect your freedom and your good name.

Main Category: Criminal Defense
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000