Houston Deadly Conduct Attorney
Houston Violent Crime Lawyer for 25 years
Deadly conduct is a serious offense in Houston. Whether or not a weapon is involved, Texas takes these cases very seriously. Deadly conduct can be charged as a class A misdemeanor or a third degree felony depending on the circumstances. A conviction for a felony deadly conduct can result in severe penalties, including lengthy prison time and a large fine. Such a conviction can also adversely impact your future, such as by losing many educational, employment, housing and public assistance opportunities. Because your future is at stake, a plea bargain may not be the best choice for you.
It is important to hire an experienced Houston criminal defense lawyer because criminal charges for deadly conduct do not have to result in a conviction and the resulting lifelong consequences. In order to convict you, the state prosecutor must prove to a jury that you committed every element of the misdemeanor or felony offense beyond a reasonable doubt. With an experienced trial lawyer defending you, this is a very difficult burden to meet, and any reasonable doubt in the mind of any of the members of the jury can result in a not guilty verdict or a hung jury. Also, depending on the circumstances of your case, there may be more effective options than going to trial such as a pretrial intervention agreement or deferred adjudication probation. Either way, it is vital to contact an experienced criminal attorney in Houston who will fight for you.
Harris County Deadly Conduct Lawyers
If you have been charged with committing the criminal offense of deadly conduct in Harris County or any of the surrounding counties in Texas, contact the law offices of James G. Sullivan and Associates. Each attorney has at least 25 years of defense trial experience. Sullivan’s legal team will fight for you and use every legal strategy possible to get the best result. Call Sullivan today at 281-546-6428 for a free consultation.
Deadly Conduct
According to Section 22.05 of the Texas Penal Code, there are several ways to commit deadly conduct. The conduct charged is essentially recklessness and with a primary focus on firearms. Deadly conduct is committed by:
- Recklessly engages in conduct that places another person in imminent danger of serious bodily injury
- Knowingly discharges a firearm at or in the direction of:
- one or more individuals, or
- a house, building or car and is reckless as to whether or not it is occupied.
Recklessness and danger are presumed if the person knowingly pointed a firearm at or in the direction of another whether or not the person believed the firearm to be loaded.
Some road rage behavior could be charged as deadly misconduct. For example, if a driver speeds through rush hour, quickly changing lanes, cutting off other drivers or maneuvering on and off the emergency lane, he places other drivers in danger of serious bodily injury because his reckless actions could cause a motor vehicle accident or collision.
Serious Bodily Injury
According to Section 1.07 of the Texas Penal Code, serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Recklessness
According to Section 6.03 of the Texas Penal Code, a person commits a reckless act, not necessarily intending to harm another, but without regard for the result. If a person is aware of but consciously disregards a substantial and unjustifiable risk that a likely result will occur, he or she acts recklessly.
For example, discharging a firearm at a street sign when there is a house directly behind it and in the line of fire, without intending to injure anyone, is reckless because the person is disregarding the risk that the house is occupied and a person inside could be seriously injured. In fact, Sullivan successfully defended a juvenile at a jury trial charged with deadly conduct under these circumstances.
Punishment for Deadly Conduct Charges in Harris County
The punishment for this offense varies depending on whether a firearm was involved. Deadly conduct is charged as a Third Degree Felony when a firearm is involved and as a Class A Misdemeanor when a firearm is not involved.
Deadly conduct conviction as a Class A Misdemeanor could result in:
- a fine up to $4,000
- confinement in jail for up to one year and/or probation
- a criminal record available to the public
- a driver’s license suspension
- prevented from pursuing certain careers
- participation in a pre-trial diversion program
- restitution, reimbursing the victim for any expenses resulting from the crime
Deadly conduct conviction as a Third-Degree Felony could result in:
- a fine up $10,000
- imprisonment for up to 10 years and/or probation
- a felony criminal record available to the public
- prevented from pursuing certain careers
- prevented from receiving certain kinds of governmental assistance
- prevented from owning or possessing a firearm
- prevented from voting or holding public office
- participation in a pre-trial diversion program
- restitution, reimbursing the victim for any expenses resulting from the crime
In addition to this punishment, the stigma of a conviction or subsequent jail or prison time for deadly conduct carries negative social consequences. However, a conviction may not have to happen and that is why it is important to discuss your options with an experienced Harris County deadly conduct lawyer.
You can be charged by the state with deadly conduct for any action that could imminently cause serious harm to another person. Because the kinds of actions and circumstances are so broad, there are just as many possible defenses. If you have been charged with deadly conduct in Harris County, or the surrounding areas, protect your rights, freedom and future.
Trust your case to an experienced Houston firm that is dedicated to fighting for the best outcome. Call the law offices of James G. Sullivan and Associates at 281-546-6428 for a free consultation.
James G. Sullivan and Associates | Harris County Deadly Conduct Attorneys
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy. Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 1150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Contact James Sullivan & Associates for a free initial consultation at 281-546-6428 about your deadly conduct charges in Harris County, Montgomery County, Fort Bend County, Brazoria County, Waller County, and throughout southeast Texas.
Client Review of a Deadly Conduct Cases
In May 2017 our son was arrested on our own property and charged with deadly conduct after a group of teens tried to jump him after school. Our son cannot defend himself because of serious shoulder injuries. When one of the teens tried to shove me aside to get to him, our son went in the house and got an unloaded AR-15 to scare them off. Our son should not have had access to it, but our gun safe had mistakenly been left unlocked. The police arrived at that very moment and instead of arresting the teen that put his hands on me and threatened my son’s life, they arrested my son.
At the first detention hearing, a court-appointed attorney didn’t spend any time with us to learn the full story and couldn’t get my son released. My husband started searching for the Best Juvenile Defense Lawyers in Harris County. Well, we found the BEST when we hired Attorney Jim Sullivan. I called late in the evening after leaving the Juvenile Detention center and thought I would get an answering service but instead Jim answered the phone! He was very knowledgeable about Juvenile Law and took time to explain and also comfort me as we have never been in this situation before. After talking with Jim for an hour, we arranged to meet with him at his office. We knew from that very moment that he was God sent! He has a great story behind him as well! He genuinely cares about his clients and their future.
Jim Sullivan had told us about a deadly conduct case last year where the [313th] district court judge did not release his client, so he asked for and got a quick jury trial setting and then won that case at trial. It just so happened that our son’s case was assigned to the same judge’s court. At our first setting in court, Jim asked for a discretionary detention hearing. Jim told the judge that our son was innocent and that this was a trial or dismissal case. This time the judge agreed and released our son back home to us! About 6 weeks later, with Jim’s hard work and dedication, the deadly conduct charge was dismissed! We are forever grateful for Mr. Sullivan!
–Google review posted by AG in July 2017
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Thank you Mr. Sullivan for fighting for my son and winning his felony case at trial
In late May of 2016 my 15 year old son was arrested and taken to the juvenile detention center for a felony crime he did not commit, Deadly Conduct. After being falsely accused and wrongfully admitted to the Harris County Juvenile Detention Center, I met with and hired Mr. Sullivan. He walked us through the process and helped my family and son better understand what needed to be done. The day of the detention hearing in court, we had all of the proof and evidence to help get my son out of detention. The judge of the [313th district] court was completely unjust. After refusing to consider the video evidence that proved my innocent or to even hear from my family members who were willing to supervise my son at all times if released, the judge quickly ruled to keep my innocent son detained. Mr. Sullivan was furious at the system that caused my son to be arrested and held for a crime he did not commit while at the same time the adult who actually committed the crime was only charged with a misdemeanor and spent just a few days in jail. Mr. Sullivan immediately requested a trial by jury. We were able to get a trial setting in the next 3 weeks, which was amazing considering the fact that most cases take 3-6 months or longer to get to a trial. Mr. Sullivan explained that court-appointed attorneys such as the one first appointed to my son’s case never take cases to a jury trial, but instead only have bench trials where the judges make the final decision. If the court-appointed attorney had stayed on the case, my son would still be in detention and I believe he would probably have been found guilty by the judge. Instead, thanks to Mr. Sullivan my son was found innocent by a unanimous vote from the jury. Mr. Sullivan stopped at nothing to help our son and prove him innocent. My son walked out of detention 7 weeks later with no record. Mr. Sullivan’s knowledge of the criminal and juvenile justice systems helped in so many ways. Mr. Sullivan was not pushy, arrogant, or air-headed like most attorneys. Instead, he kept a down-to-earth low-profile, encouraged my son as if he were his own and won our case successfully and peacefully. Thank you so much Mr. Sullivan for helping my family and my son!
–Avvo review posted by client’s mother on July 25, 2016
