A Reckless Act, A Felony Charge: Deadly Conduct Defense in Austin, Texas

A gun fired into the air. A shot fired at a fleeing vehicle. A bullet that went through a wall. In Texas, you don’t have to hit anyone to be charged with a serious felony. Deadly conduct is the crime of recklessly engaging in conduct that places another in imminent danger of serious bodily injury. No one has to be hurt. No one has to be the intended target. A single reckless act can lead to years in prison.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against deadly conduct charges. Whether you are accused of firing a gun into the air, shooting at a vehicle, or any other act that placed someone in danger, we understand how quickly a situation can escalate. Our attorneys have spent decades in Travis County courtrooms and beyond, handling the most serious criminal cases with skill and determination.

We know that deadly conduct cases often hinge on a single question: were you reckless? We know how to challenge the State’s evidence, argue that your conduct was not reckless, and build a defense that keeps a felony off your record. We know that a moment of poor judgment should not define your future.

If you are facing a deadly conduct charge, you are not alone. Let us help you fight back.

Understanding Deadly Conduct in Texas

Under Texas law, a person commits deadly conduct if they recklessly engage in conduct that places another in imminent danger of serious bodily injury. This includes discharging a firearm in the direction of a person, building, or vehicle.

The Elements:

The State must prove:

• You engaged in conduct

• Recklessly

• That placed another in imminent danger of serious bodily injury

Types of Deadly Conduct:

• Deadly Conduct (General): Class A misdemeanor (up to 1 year in jail)

• Deadly Conduct (Discharging Firearm): Third-degree felony (2 to 10 years in prison)

• Deadly Conduct (Discharging Firearm at a Habitation or Vehicle): Second-degree felony (2 to 20 years)

The Penalty:

• Class A Misdemeanor: Up to 1 year in jail

• Third-Degree Felony: 2 to 10 years in prison

• Second-Degree Felony: 2 to 20 years in prison

For residents across Central Texas, a deadly conduct conviction can mean years in prison.

What Is the Penalty for Deadly Conduct in Texas?

The penalty for deadly conduct depends on the nature of the conduct.

Deadly Conduct (General):

• Class A misdemeanor

• Up to 1 year in jail

• Fine of up to $4,000

Deadly Conduct (Discharging Firearm):

• Third-degree felony

• 2 to 10 years in prison

• Fine of up to $10,000

Deadly Conduct (Discharging Firearm at a Habitation or Vehicle):

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Collateral Consequences:

• Felony Criminal Record: A permanent felony conviction for firearm-related offenses

• Loss of Firearm Rights: A felony conviction results in lifetime prohibition

• Employment: Many employers will not hire individuals with felony convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

For those in the Austin area, a deadly conduct conviction can change your life forever.

How to Defend a Deadly Conduct Charge

Defending against a deadly conduct charge requires a strategic approach. The State must prove you acted recklessly and placed another in imminent danger.

Defense 1: You Did Not Act Recklessly

The most common defense is that your conduct was not reckless. Recklessness requires awareness of a substantial and unjustifiable risk. If you did not realize the risk, you have a defense.

Defense 2: No One Was Placed in Danger

The State must prove you placed another in imminent danger. If no one was present, or if the danger was not imminent, you have a defense.

Defense 3: Self-Defense

If you were defending yourself or another from imminent danger, you may have a defense.

Defense 4: The Firearm Was Not Discharged

If you are charged with discharging a firearm, the State must prove you actually fired the weapon. Your attorney can challenge:

• Witness identification

• Forensic evidence

• The absence of physical evidence

Defense 5: The Discharge Was Accidental

If the firearm discharged accidentally, you did not act recklessly. An accidental discharge is not a crime.

Defense 6: No Imminent Danger

The danger must be imminent—immediate, not speculative. If the danger was not immediate, you have a defense.

For those in Central Texas, a strong defense can mean the difference between a felony conviction and a dismissal.

Recklessness: The Key Element

Recklessness is the mental state required for deadly conduct. It is more than negligence, but less than intent.

What Recklessness Means:

• You were aware of a substantial and unjustifiable risk

• You consciously disregarded that risk

What Is NOT Recklessness:

• Negligence (you should have known, but didn’t)

• Accident (you had no awareness of the risk)

• Intent (you meant to cause harm)

Proving Recklessness:

The State must prove you were aware of the risk. Your attorney can argue:

• You did not realize the risk

• Your actions were accidental

• A reasonable person would not have realized the risk

For residents across the Austin metro area, challenging recklessness is often the key to the defense.

Discharging a Firearm: The Most Common Charge

The most common deadly conduct charge involves discharging a firearm. A gun fired into the air, into the ground, or in the direction of a person can lead to a felony charge.

What the State Must Prove:

• You discharged a firearm

• Recklessly

• In the direction of a person, building, or vehicle

Defending Firearm Discharge Cases:

• No Discharge: The firearm was not fired

• Accidental Discharge: The firearm discharged accidentally

• No Recklessness: You were not aware of the risk

• No Danger: No one was placed in danger

The Danger:

Even firing a gun into the air can be deadly conduct. The bullet has to come down somewhere, and that somewhere could be a person.

For those in the Austin area, firearm discharge cases require the most aggressive defense.

Shooting at a Habitation or Vehicle

If you discharge a firearm at a habitation (home) or vehicle, the charge is elevated to a second-degree felony—2 to 20 years in prison.

What the State Must Prove:

• You discharged a firearm

• At a habitation or vehicle

• Recklessly

Defending Habitation/Vehicle Cases:

• No Discharge: The firearm was not fired

• Accidental Discharge: The firearm discharged accidentally

• No Recklessness: You were not aware of the risk

• Not a Habitation: The structure was not a home

• Not a Vehicle: The vehicle was not occupied or was not a vehicle under the statute

The Danger:

A shot that hits a home or vehicle—even if no one is inside—can lead to a second-degree felony charge.

For residents across Central Texas, shooting at a habitation or vehicle requires the most aggressive defense.

Self-Defense and Deadly Conduct

Self-defense is a complete defense to deadly conduct. If you were protecting yourself from imminent danger, you cannot be convicted.

What the State Must Prove:

The State must prove beyond a reasonable doubt that you did not act in self-defense.

Elements of Self-Defense:

• You reasonably believed you were in imminent danger of death or serious bodily injury

• The force you used was reasonable and proportional

• You did not provoke the confrontation

Stand Your Ground:

Texas has a “stand your ground” law. You have no duty to retreat before using deadly force if you are in a place where you have a right to be.

For those in the Austin metro area, self-defense is often the key to an acquittal.

Deferred Adjudication for Deadly Conduct

For first-time offenders, deferred adjudication may be available for deadly conduct charges—even for felonies.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-5 years)

• Conditions may include community service, fines, and other requirements

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior felony convictions

• The case does not involve injury or other aggravating factors

For residents across Central Texas, deferred adjudication is often the goal in a deadly conduct case.

Frequently Asked Questions About Deadly Conduct in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about deadly conduct charges. Here are the answers to the most common inquiries we receive.

What is the penalty for deadly conduct in Texas?

General deadly conduct is a Class A misdemeanor (up to 1 year). Discharging a firearm is a third-degree felony (2 to 10 years). Discharging a firearm at a habitation or vehicle is a second-degree felony (2 to 20 years).

What is the difference between deadly conduct and aggravated assault?

Aggravated assault requires intent to cause serious bodily injury or the use of a deadly weapon. Deadly conduct requires only recklessness.

Can I be charged with deadly conduct if no one was hurt?

Yes. No one has to be hurt. The crime is placing another in imminent danger—not causing actual injury.

What if the firearm discharged accidentally?

If the firearm discharged accidentally, you did not act recklessly. An accidental discharge is not a crime.

Can I get deferred adjudication for deadly conduct?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

What if I was defending myself?

Self-defense is a complete defense to deadly conduct. If you were protecting yourself from imminent danger, you cannot be convicted.

Do I need an attorney for a deadly conduct charge?

Yes. Deadly conduct is a serious felony that can result in years in prison and loss of firearm rights. An experienced attorney can challenge the recklessness element and seek deferred adjudication.

Why Barton & Associates for Deadly Conduct Defense in Austin

Deadly conduct cases often hinge on a single question: were you reckless? Our attorneys have spent decades in courtrooms across Central Texas, handling the most serious criminal cases with skill and determination.

We know the local prosecutors. We know the judges. And we know how to challenge the State’s evidence, argue that your conduct was not reckless, and fight to keep a felony off your record.

Take the First Step Toward Protecting Your Future

If you are facing a deadly conduct charge, your freedom and your future are on the line. Years in prison and the loss of your firearm rights are at stake. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)