San Marcos Deadly Conduct Lawyer
Accused of Reckless or Dangerous Behavior in Hays County? Your Defense Starts Here.
A deadly conduct charge in Texas is often the result of a moment of panic, anger, or poor judgment — not a calculated intent to hurt someone. But that doesn’t mean law enforcement will treat it lightly. If you’ve been accused of putting others in danger through reckless behavior, especially involving a firearm, you could be facing a serious misdemeanor or felony offense.
At The Law Offices of David C. Hardaway, we defend clients in San Marcos and throughout Hays County who are facing charges of deadly conduct. We’ll take the time to understand what actually happened — not just what the police or alleged victim claims. Our San Marcos deadly conduct defense lawyers will explain your options, protect your rights, and build a legal strategy designed to minimize the damage and fight for the best possible outcome.
What Is Deadly Conduct in Texas?
Under Texas Penal Code § 22.05, deadly conduct includes
- Recklessly engaging in conduct that places another in imminent danger of serious bodily injury, or
- Knowingly discharging a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle, regardless of whether it is occupied.
This statute is often used in situations where someone fires a gun near others, waves or points a firearm in a threatening way, or drives aggressively in a manner that could cause a serious accident.
It’s important to note that you can be charged even if no one was actually injured. All the state needs to prove is that your conduct posed a risk of serious bodily harm — and in cases involving firearms, Texas law presumes that risk exists.
Penalties for Deadly Conduct Convictions in San Marcos
The severity of the charge depends on the specific allegations. Reckless conduct that places someone in imminent danger is a Class A Misdemeanor punishable by up to one year in jail and a fine of up to $4,000. In contrast, knowingly discharging a firearm at a person, building, or vehicle is a Third-Degree Felony punishable by two to 10 years in prison and fines up to $10,000. Even misdemeanor convictions can result in a permanent criminal record, making it harder to find employment, secure housing, or maintain your right to own firearms.
What About Defense of Property or Self?
Texas Penal Code § 22.06 provides a potential defense if the conduct occurred during mutual combat. It is also a potential defense if the conduct occurred in protection of person or property, depending on the situation. For example, a person who draws or even fires a weapon to protect themselves from a legitimate threat may not be guilty of deadly conduct if their use of force was legally justified.
In cases of road rage or home defense, context and intent matter — and we know how to use that to your advantage. We’ll examine every detail to determine whether self-defense, defense of others, or another justification may apply to your case.
Don’t Let One Incident Define Your Future
Deadly conduct charges can turn your life upside down — but that doesn’t mean you’re out of options. You deserve to be represented by someone who listens, who fights smart, and who knows how to handle tough criminal cases in San Marcos and Hays County.
At The Law Offices of David C. Hardaway, we’ll push back against exaggerations and assumptions. We’ll advocate for a reduction or dismissal when appropriate, and we’ll prepare to take your case to trial if that’s what it takes.
Contact Our San Marcos Criminal Defense Lawyer Today
If you’re facing a deadly conduct charge in San Marcos or Hays County, don’t wait. The sooner you have an experienced defense attorney on your side, the more options you’ll have. Call or contact us online to schedule a confidential consultation. We’re ready to stand up for you and stand between you and the full force of the Texas criminal justice system.
