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Texas discharging firearm (deadly conduct) — Penal Code § 22.05(b)

Texas discharging firearm (deadly conduct) is a criminal offense under Penal Code § 22.05(b). 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.

Published 2026-05-15 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-05-15
Controlling statute: Texas § 22.05(b)
Classification: Class A misdemeanor; third-degree felony for specific aggravators
Punishment range: Class A misdemeanor (up to 1 year + $4,000) for reckless conduct placing another in imminent danger; third-degree felony (2–10 years + $10,000) for knowingly discharging at a habitation, building, or vehicle under § 22.05(b)

The controlling statute

Texas Penal Code § 22.05 — titled deadly conduct — has two distinct branches. Subsection (a) covers reckless conduct placing another in imminent danger and is a Class A misdemeanor. Subsection (b), the firearm-discharge branch, makes it a third-degree felony to knowingly discharge a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle reasonably believed to be occupied. The statute punishes the act of shooting regardless of whether anyone is hit, and is a common charge in drive-by, road-rage, and warning-shot cases.

Classification & punishment range

ElementDetail
StatuteTexas § 22.05(b)
ClusterPublic Order
ClassificationClass A misdemeanor; third-degree felony for specific aggravators
RangeClass A misdemeanor (up to 1 year + $4,000) for reckless conduct placing another in imminent danger; third-degree felony (2–10 years + $10,000) for knowingly discharging at a habitation, building, or vehicle under § 22.05(b)
Last reviewed2026-05-15

Elements the State must prove

To convict on a Texas § 22.05(b) charge, the State must prove every element beyond a reasonable doubt:

  1. Defendant knowingly discharged a firearm
  2. Discharge was at or in the direction of an individual, habitation, building, or vehicle
  3. If toward a habitation/building/vehicle, defendant was reckless as to whether it was occupied
  4. Conduct was not justified self-defense under Chapter 9

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Discharging Firearm (Deadly Conduct) case:

Enhancements & collateral consequences

Section 22.05(b) is already a third-degree felony at its base. Discharge causing serious bodily injury supports aggravated assault under § 22.02 (second-degree felony) or attempted murder under § 19.02. Use of a deadly weapon finding under Article 42A.054 affects parole eligibility. Discharge in a school zone or near a place of worship may trigger federal charges under 18 U.S.C. § 922(q).

Key Legal Terms

Deadly Conduct (§ 22.05)
Reckless conduct placing another in imminent danger of serious bodily injury, or knowing discharge of firearm at persons/property; tiered Class A/3rd-degree.
Habitation (§ 30.01)
Structure or vehicle adapted for overnight accommodation; broader than 'building' and includes RVs and tents.
Deadly Weapon Finding
Trial-court finding under Article 42A.054 affecting parole eligibility; routinely entered in § 22.05(b) felony convictions.

Frequently Asked Questions

What is the difference between deadly conduct and aggravated assault?
Deadly conduct under § 22.05 punishes the act of discharging or threatening without requiring injury. Aggravated assault under § 22.02 requires either serious bodily injury or use of a deadly weapon causing injury. A shot fired into the air that hits no one is deadly conduct; a shot fired into a person is aggravated assault.
Is firing a warning shot a felony in Texas?
Often yes. If the warning shot is in the direction of an occupied vehicle, habitation, or building, it satisfies § 22.05(b) and becomes a third-degree felony. Self-defense law in Texas does not generally authorize warning shots — the use-of-force calculus is binary, not graduated.
Can celebratory gunfire support a deadly-conduct charge?
Firing into the air in a public place may support § 22.05(a) (reckless deadly conduct) and § 42.01(a)(7) (disorderly conduct firearm discharge). Discharge toward an occupied area can elevate to § 22.05(b) felony. Several Texas cities have specific ordinances prohibiting celebratory gunfire.
What if I didn't know the building was occupied?
Section 22.05(b) requires only that the defendant be reckless as to whether the location was occupied — actual knowledge is not required. Daytime hours, visible vehicles, and lit interiors typically establish recklessness about occupancy.
Does the Second Amendment provide a defense?
The Second Amendment protects possession of firearms, not the act of discharging them in the direction of people or property. Texas courts have rejected Second Amendment challenges to § 22.05, distinguishing possession from dangerous use.

References & Authoritative Sources

  1. Texas § 22.05(b)
  2. Texas CCP Chapter 42A — Community Supervision
  3. Texas Courts
  4. Texas Department of Public Safety
  5. Texas State Law Library

About the Authors

Reggie London

Co-Founding Partner · Texas Bar No. 24043514

Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.

Njeri London

Co-Founding Partner · Texas Bar No. 24043266

Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.

Charged with Discharging Firearm (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

Service Areas

L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.

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