Texas deadly conduct — Penal Code § 22.05
Texas deadly conduct is a criminal offense under Penal Code § 22.05. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 22.05 covers two related but distinct offenses: (a) reckless conduct that places another in imminent danger of serious bodily injury, and (b) the felony-grade variant of knowingly discharging a firearm at or in the direction of one or more individuals, a habitation, building, or vehicle. The latter is often charged alongside aggravated ass
Classification: Class A misdemeanor or 3rd-degree felony
Punishment range: Class A misdemeanor (up to 1 year, $4,000) for reckless conduct placing another in imminent danger; 3rd-degree felony (2-10 years) for knowingly discharging a firearm at people or buildings
The controlling statute
Texas Penal Code § 22.05 covers two related but distinct offenses: (a) reckless conduct that places another in imminent danger of serious bodily injury, and (b) the felony-grade variant of knowingly discharging a firearm at or in the direction of one or more individuals, a habitation, building, or vehicle. The latter is often charged alongside aggravated assault.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 22.05 |
| Cluster | Violent Crimes |
| Classification | Class A misdemeanor or 3rd-degree felony |
| Range | Class A misdemeanor (up to 1 year, $4,000) for reckless conduct placing another in imminent danger; 3rd-degree felony (2-10 years) for knowingly discharging a firearm at people or buildings |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 22.05 charge, the State must prove every element beyond a reasonable doubt:
- Defendant engaged in reckless conduct OR knowingly discharged a firearm
- Conduct placed another person in imminent danger of serious bodily injury
- For the felony variant: firearm was discharged at or in the direction of a person, habitation, building, or vehicle
- Defendant's mental state met the culpability standard (reckless or knowing)
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Deadly Conduct case:
- Self-defense, defense of third person, defense of property under Chapter 9
- Lack of recklessness — accident or ordinary negligence is not enough
- No "imminent" danger of serious bodily injury proved
- Mistake of fact regarding whether the firearm was loaded or operable
- Insufficient evidence that the firearm was discharged at or toward a person/building
- No identifying victim or building under § 22.05(d)(2)
Enhancements & collateral consequences
Discharging a firearm at or in the direction of one or more individuals, a habitation, building, or vehicle is automatically a 3rd-degree felony under § 22.05(b)(2). Aggravated assault charges under § 22.02 are commonly filed alongside § 22.05 felonies.
Key Legal Terms
- Recklessness (§ 6.03(c))
- A person acts recklessly when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
- Deadly Weapon (§ 1.07(a)(17))
- A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury — including anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
- Imminent Danger
- A § 22.05(a) element — danger that is impending or about to occur. The State must prove imminence beyond a reasonable doubt, not merely potential or future risk.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the difference between deadly conduct and aggravated assault in Texas?
Is shooting in the air illegal in Texas?
Is brandishing a weapon deadly conduct in Texas?
Can I claim self-defense to a deadly conduct charge?
Does deadly conduct require a deadly weapon?
References & Authoritative Sources
About the Authors
Charged with Texas Deadly Conduct? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060