Deadly conduct is reckless behavior that places another person in danger of injury. No one has to actually be hurt for the charge to be filed.
Deadly conduct is acting recklessly in a way that places someone else in danger of injury. The injury does not have to actually occur.
The firm has handled cases where someone was shooting at a target, missed, and the round struck a house. It is also charged when someone drives recklessly and endangers others, such as two drivers racing down a highway and running another car off the road. If the danger would be obvious to a reasonable person and you create it anyway, placing someone else at risk of injury, that is deadly conduct whether or not anyone is hurt.
Citation: Texas Penal Code §22.05
Degree and classification: Class A misdemeanor for reckless endangerment; third-degree felony for knowingly discharging a firearm at a person or an occupied habitation or vehicle.
Statutory language: A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury, or knowingly discharges a firearm at or toward a person or occupied structure or vehicle.
Past results do not guarantee or predict a similar outcome in any future case. Every case is decided on its own facts.