Deadly conduct in Texas is a felony when a firearm is actually discharged at or toward another person, or at a house, building, or vehicle that could be occupied. Specifically, it is a third-degree felony punishable by two to ten years in prison and a fine of up to $10,000.1State of Texas. Texas Penal Code Section 22.05 – Deadly Conduct Without a gun being fired, the same offense drops to a Class A misdemeanor. That single fact — whether a trigger was pulled — does almost all the work in deciding which side of the line a case falls on.
What Pushes It From Misdemeanor To Felony
Texas Penal Code § 22.05 defines two separate versions of deadly conduct. The misdemeanor version covers reckless behavior that places another person in immediate danger of serious bodily injury. The felony version applies when someone knowingly discharges a firearm at or in the direction of one or more individuals, or at a habitation, building, or vehicle while being reckless about whether it is occupied.1State of Texas. Texas Penal Code Section 22.05 – Deadly Conduct
“Knowingly” here means you were aware you were firing the weapon and aware of the direction it was pointed. You do not have to have intended to hit anyone.2State of Texas. Texas Penal Code Section 6.03 – Definitions of Culpable Mental States A warning shot into the air near a crowd can qualify. Firing toward a house you believed was empty can qualify, as long as you were reckless about whether anyone was inside.
Misdemeanor Penalties
A Class A misdemeanor conviction for deadly conduct carries:
- Up to one year in county jail
- A fine of up to $4,000
- Both jail and a fine, if the judge imposes them together
This is the version that reaches conduct like swerving a vehicle toward a pedestrian or waving a weapon at close range without firing it.
Felony Penalties
A third-degree felony conviction for deadly conduct with a firearm carries:
- Two to ten years in the Texas Department of Criminal Justice
- A fine of up to $10,000, which can be imposed on top of prison time
Two features of the felony version catch defendants off guard. First, the shot does not have to hit anyone. Firing in a person’s general direction is enough. Second, when the target is a home, building, or vehicle, the state does not have to prove someone was actually inside. It only has to prove you were reckless about the possibility.1State of Texas. Texas Penal Code Section 22.05 – Deadly Conduct
The Pointing-A-Gun Presumption
One provision in the statute matters even when no shot is fired. If you knowingly point a firearm at or in the direction of another person, the law presumes your conduct was reckless and that the other person was in danger. Your belief that the gun was unloaded does not defeat the presumption.1State of Texas. Texas Penal Code Section 22.05 – Deadly Conduct
Recklessness and imminent danger are elements the prosecution would otherwise have to prove. The presumption hands both to the state, and the defense is left trying to rebut them. Pointing a gun without firing stays on the misdemeanor side of the line, but the presumption makes conviction on that misdemeanor far easier to secure than most people expect.
When The Charge Escalates Beyond Deadly Conduct
Deadly conduct is often the charge filed when a reckless act fortunately did not connect. If someone is actually hit and suffers serious bodily injury, the case usually becomes aggravated assault — a second-degree felony carrying two to twenty years in prison, and a first-degree felony with a five-to-ninety-nine-year range if the victim is a public servant, security officer, or witness, among other categories.5State of Texas. Texas Penal Code 22.02 – Aggravated Assault If someone dies, homicide charges enter the picture.
The practical point: the two-to-ten-year felony range for deadly conduct is the ceiling only while no one has been injured. Once injury or death enters the case, the charging landscape changes.
Life After A Felony Conviction
A third-degree felony conviction reaches well past the sentence itself.
Firearm Possession
Under Texas law, a person convicted of a felony cannot possess a firearm for five years after release from confinement or community supervision, whichever ends later. After that, possession is allowed only at the person’s own home. A violation is itself a third-degree felony.6State of Texas. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm
Federal law is stricter. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year of imprisonment is permanently barred from possessing firearms or ammunition, with no waiting period and no home exception.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because a third-degree felony in Texas carries up to ten years, any conviction triggers the federal ban.
Licensing, Employment, And Housing
Texas licensing authorities can deny, revoke, or suspend professional licenses when a felony conviction relates to the duties of the occupation. That reaches fields including healthcare, education, banking, and commercial services. Many employers run background checks, and a felony conviction can disqualify applicants from positions involving entry into private residences, schools, or financial institutions. The conviction can also affect the ability to rent housing, qualify for certain government benefits, and serve on a jury.