Defense Attorney for Recklessly Discharging a Firearm in Williamson County, TX
If you’re accused of recklessly discharging a firearm or engaging in deadly conduct in Texas, you’ll want to speak with a criminal defense lawyer right away. Price & Twine, PLLC, based out of Georgetown, Texas, aims to help clients resolve gun-related offenses on the most favorable grounds possible. Contact Price & Twine, PLLC today at (512) 354-1880 or visit our website for a consultation regarding your legal rights and next steps.
Overview of Recklessly Discharging a Firearm
- What is Reckless Conduct?
- Specifics of Unlawful Discharge of Firearms
- Presumed Recklessness and Legal Implications
- Defenses
- Frequently Asked Questions
What is Reckless Conduct?
Texas Statutes Section 22.05 criminalizes deadly conduct, which is where an individual recklessly engages in conduct that endangers another person. A person acts recklessly when they know that their actions could harm someone else but proceed regardless of this risk. This may include many types of dangerous conduct, not just those involving firearms. This offense is a Class A misdemeanor, which can result in a fine of up to $4,000 and/or up to a year in jail.
Specifics of Unlawful Discharge of Firearms
Texas law also criminalizes:
- Knowingly discharging a firearm directed at another person.
- Knowingly firing at vehicles or buildings and being reckless about whether these vehicles or buildings are occupied.
This offense is classified as a felony of the third degree, punishable by 2-10 years in prison and up to a $10,000 fine.
Presumed Recklessness and Legal Implications
Under Texas law, if a person knowingly points a gun at someone else, they are presumed as reckless and dangerous. It doesn’t matter whether the firearm is loaded or if the individual holding the firearm believed it was loaded.
Defenses
A potential defense could apply if the individual did not act recklessly, but instead accidentally. For example, discharging a firearm in an open field in a direction away from people or habitations might be argued to not pose an “imminent danger.” Also, Texas law says that a person is guilty of a crime if they “knowingly” discharge or fire a gun at a building or vehicle or “knowingly” point a firearm at another person. If the individual’s actions were accidental, then this could potentially serve as a defense.
Frequently Asked Questions
What Is Considered “Deadly Conduct” under Section 22.05?
Deadly conduct means engaging in conduct that recklessly puts another person in imminent danger of serious bodily injury. It also includes knowingly discharging a gun at or towards individuals, habitations, buildings, or vehicles.
Is Pointing a Firearm At Someone Always Considered Deadly Conduct?
According to Texas law, if you knowingly point a gun at or in the direction of another individual, danger and recklessness are assumed. So, yes, pointing a firearm in such a manner is generally considered deadly conduct under Texas law.
Does It Matter If the Firearm Was Loaded?
The law states that danger and recklessness are assumed if you knowingly point a gun at someone, whether or not you believe the firearm was loaded. So, even if the firearm was not loaded, you could still be charged with deadly conduct.
What Does “Reckless” Mean in the Context Of This Statute?
Reckless refers to actions where you are aware of the risk your conduct poses to others but proceed anyway. It involves a serious disregard for the safety of others, especially in the context of discharging a firearm.
What If I Didn’t Know That the Building Was Occupied?
The law says that you commit an offense if you recklessly discharge a firearm toward a habitation, building, or vehicle. If you can prove that you genuinely did not know the structure was occupied, or that you did not know that there was a habitation, building, or vehicle in your sights, you might have a basis for a defense.
Areas We Service
we service cities in Williamson County such as:
- Cedar Park
- Georgetown
- Leander
- Round Rock
- Taylor
- Hutto
- Liberty Hill
We also service cities in Bell County such as:
Recklessly Discharging a Firearm Resources
Reckless Discharge of a Firearm Lawyer | Deadly Conduct Attorneys
Facing accusations of reckless discharge of a firearm in Texas? You’ll want an experienced lawyer in your corner. Price & Twine, PLLC focuses on weapons offenses and other criminal matters in Georgetown, Texas. In addition, we service Bell County, Round Rock, Texas, and surrounding areas. Contact Price & Twine, PLLC today at (512) 354-1880 or contact us for a consultation.