Deadly Force Defined

• Under Section 22.05 of the Texas Penal Code, a person commits deadly conduct if:
  
  "(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
  (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
  (1) one or more individuals; or (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building or vehicle is occupied.
  (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded."
  
  

Punishment

• A violation under subjection (a), which is engaging "in conduct that places another in imminent danger of serious bodily injury" is considered a Class A misdemeanor in Texas. A Class A misdemeanor is punishable by up to one year in jail and/or a fine of not more than $4,000. A violation under subsection (b) is a third-degree felony, which is punishable by between two and 10 years in prison and a fine up to $10,000.
  
  

Defense

• Consent is a defense to the charge of deadly conduct, which includes that the victim knew the conduct was "a risk of his occupation, recognized medical treatment, or a scientific experiment conduct by recognized methods." It is also a defense of deadly conduct if the actions did "not threaten or inflict serious bodily injury." However, these defenses are not available if the conduct was part of a gang initiation.
  
  

Burden of Proof

• The burden of proof of all criminal charges in Texas is "beyond a reasonable doubt," meaning there is no question in a reasonable person's mind that the individual committed the offense.
  
  

Multiple Prosecutions

• If a criminal is charged with multiple offenses arising from the same criminal conduct, all charges may be dealt with in the same criminal proceeding. For example, if a person is charged with deadly conduct under subsection (c) and is also charged with the unlawful carrying of a weapon, the person may face both charges in the same court proceeding.