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.
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
| Element | Detail |
|---|---|
| Statute | Texas § 22.05(b) |
| Cluster | Public Order |
| Classification | Class A misdemeanor; third-degree felony for specific aggravators |
| 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) |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 22.05(b) charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly discharged a firearm
- Discharge was at or in the direction of an individual, habitation, building, or vehicle
- If toward a habitation/building/vehicle, defendant was reckless as to whether it was occupied
- 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:
- Self-defense or defense of others under § 9.31-9.33
- Defense of property under § 9.41-9.43 (limited and fact-specific)
- Necessity under § 9.22 in genuine threat situations
- Mistaken identity — defendant did not fire the weapon
- Accidental discharge — lack of knowing mental state under § 6.03(b)
- Firearm pointed in safe direction — no direction toward person, habitation, or vehicle
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?
Is firing a warning shot a felony in Texas?
Can celebratory gunfire support a deadly-conduct charge?
What if I didn't know the building was occupied?
Does the Second Amendment provide a defense?
References & Authoritative Sources
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.
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