§ 22.05. DEADLY CONDUCT. 

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he 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 the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

  • wyatt

    i was arrested for dwi in comal county,i was in a one vehicle accident,no other vehicle or person was involved,i am being charged with deadly conduct!!!don’t understand why,since i was the only person involved.

  • rebecca munoz

    If a person reaches to open their glove compartment for a weapon because another is threatening violence upon him and exiting their vehicle towards that persons vehicle. How is it, that the person hollering and threatening can see the gun (not being at all in any direction pointed towards them) and run back into their vehicle and speed off then call 911 and give the person who was reaching for the weapon’s license plate info. Does this mean that anyone can accuse anyone else of anything? this actually happened. My husband out of the blue got picked up at his place of employment by the police department and taken off to jail. he’s lost his job and has incurred a horrible charge on his background for something that he didnt do. How is this possible?

  • candace

    Can you be charged with “deadly conduct” if you are drinking and driving and are not involved in an accident at that time.

  • melissa ramos

    is deadly conduct with a weapon a 3G offense in Texas?

  • doug

    would pointing a weapon but not firing it be classified as a felony or a misdemeanor?

  • Blake

    I was charged with “deadly conduct” December 29, ’07 in Houston TX. for shooting a gun towards the ground. I never pointed the gun at anyone and I never said I was going to shoot anyone. I was harassed, and followed by a tow truck driver. After I refused to give him my truck. He followed me home and on the way home he drove his truck on to mine. I was afraid of his actions so when I made it to my parking spot I shot a gun at the ground to scare him away so he wouldnt follow me to my apartment. I managed to make it to my apartment without him seeing which one it was. I had left my dead phone in the car so I had no way of calling the police. I assumed he would have been gone with the sound of the gun shot and decided to take care of this in the daylight and make a report so I went to bed. I woke up 30 minutes later to about 13 police officers and two K9’s at the door and a police report that said I shot at the tow truck driver 4 times and beat him up. This all took place a around 3am – 4am, my cell phones battery was out and I had no way to call the police. I fought my case for 3 months with a court appointed lawyer, he didnt help much and I felt help less so I signed to one year county thinking that it was the best thing I could do. I cant get a job now, and I am going to a very expensive private culinary college in Houston. I dont want to make my school look bad for excepting me being a “criminal” so I wont say the name. I NEED HELP! I dont know what to do, I dont have a job, I really want to do something good. I have a dream to be the best Chef and one day own a restaurant with my masters in culinary. I’m sick of employers looking at me as a scum! I know who I am and I believe I have a good heart like people say I do. Help please. Dec. 3, ’09.

  • Joshua Anguiano

    When I was 17, some friends and I were shooting a pellet rifle for target practice, and a school bus drove by, and the driver saw me holding the pellet gun, and reported it to the police. The next day I went to school, was suspended, and soon after arrested. Before I knew it i was at court falsely charged with deadly conduct (aiming a gun at a school bus)! I took deferred adjudication (big mistake). I should have fought it, but i was young and naive, and my lawyer was worthless. It is a class A misd., and has cost me several jobs. Now it’s five years later, and I was wondering what are my options for removing this stupid charge from my record!? And, does this charge prohibit me from working in a hospital or serving in the military?

  • Julian McClure

    I was charge with misdemeanor deadly conduct. I received 15 months defered probation for it.. It still shows up when employers do a background check. can this be fixed and if so what’s the cost to do it? It all happen 6/8/08 I finished my probation on may 22/2010.. I was charged in denton, and denton is where I sent my payments, but The probation office I saw was in wise county

  • Demun

    Can a Class A misdemeanor charge of DC prohibit you from hand gun purchase?

  • Jay

    i have a upcoming pre trial for a dwi case from 2006. since then, in 2007, i was arrested a gain for dwi and and made a deal for a deadly conduct charge and fine. how is this going to affect this upcoming case from 2006? I have started a new career and a new family, I can’t afford a suspended liscense, probation, or jail time. Hell, I don’t even drink anymore

  • jennifer

    My husband pleaded 4 yrs to something he didnt do. The charge was deadly conduct discharge of firearm. It involved a “drive by” he didnt know it was gonna happen. He thought they was going to fight these people. He also got charged the same as the guy who pulled the trigger. The lawyer he had appointed to him said that there was no way out of it. is this true or did he not try?????

  • Clay

    I got a DWI back in 1994. Got a 2cd one in March of this year. Recently graduated college and making positive life changes! By far am I an alcoholic and I am very responsible, just the wrong place @ the wrong time. My attorney has had my courtdate reset 4 times now. My options are plead guilty to the 2cd DWI and pay a lot of money that I don’t have and deal with employers denying me-OR-accept the lesser charge of “attempted deadly conduct” ?! Probation is a major hassel, I don’t do drugs or do thing that would revoke probation but revolving my life around it once I do get a “REAL” I don’t need ! In your opinion, WHAT CHARGE SHOULD I TAKE ???

  • Clay

    I got a DWI back in 1994. Got a 2cd one in March of this year. Recently graduated college and making positive life changes! By far am I an alcoholic and I am very responsible, just the wrong place @ the wrong time. My attorney has had my courtdate reset 4 times now. My options are plead guilty to the 2cd DWI and pay a lot of money that I don’t have and deal with employers denying me-OR-accept the lesser charge of “attempted deadly conduct” ?! Probation is a major hassel, I don’t do drugs or do thing that would revoke probation but revolving my life around it once I do get a “REAL” I don’t need ! In your opinion, WHAT CHARGE SHOULD I TAKE ???

  • Cole

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  • Clovis McQueen

    I caught a case on conspiracy on the state pick up the case…this is a set back toward employment…is there anyway I could get this case remove..or sealed for my opportunity toward emplotment…

  • Clovis McQueen

    I caught a case on conspiracy on the state pick up the case…this is a set back toward employment…is there anyway I could get this case remove..or sealed for my opportunity toward emplotment…

  • mardaysha

    i got charged with deadly conduct for trying to hit my kids father with a car after he hit me several times it was an act of self defense which lead me still going to jail and being charge with deadly conduct…its been almost three years and its stopping me from finding a job as a medical assistant is there any way i can get it removed and how long do i have to wait in order for me to get a job and my background will be clear

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  • Gary Foster

    I’m an Employment Specialist trying to help an individual find a job. He was convicted of 22.05. DEADLY CONDUCT but is of the impression the offense is a misdemeanor. You site indicates it’s a 3rd degree felony. Which is correct please.
    Thanks,
    Gary D. Foster
    Employment Specialist
    Workforce Solutions – Capital Area
    6505 Burleson Road
    Goodwill Building
    Austin, Texas 78744
    (512)381-4214 – office

  • Gary Foster

    I’m an Employment Specialist employed by the State of Texas. I’m trying to help an individual find a job. He was convicted of 22.05. DEADLY CONDUCT but is of the impression the offense is a misdemeanor. You site indicates it’s a 3rd degree felony. Which is correct please.
    Thanks

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  • Richard

    I had a guy point a pistol at me going down the road. The police stopped him and let him go. They said it was a Misdemeanor and I will have to file warrant charges. The suspect tossed the pistol before police stopped him. I am a little confused about how pointing a gun at someone is only a Misdemeanor.

  • Michael

    So I had a DWI back in 08 and my lawyer recommended that I plea for a deadly conduct. It’s been 8 years now… I was wondering if this could affect my career? I’m currently trying to get a job right now and they are running my background. I am also a CHL holder. I really hope the background passes for this job.

  • Noel Ortiz

    I was charge with deadly conduct I had two charges possession of a firearm by felon I was never indicted on that charge on my paperwork it says no finding of the weapon I was given three years probation charged as a third degree felony I have been locked up for almost a year.part of my probation was that I go to rehab for six months three month after treatment I am in Odessa texas at a after treatmet program I have two months then I go home.I was shooting at the ground.