Asked in Criminal Law for Texas

Q: I was convicted on a charge of deadly conduct discharge of a fire arm /habitat/individual, but realy all I did was shoot

T in the air ,, can any thing be done bout this ??????

Related Topics:
2 Lawyer Answers
Anna Summersett
Anna Summersett
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: I have attached the Penal Code requirements for Deadly Conduct below. Based upon the facts you gave, you seem to satisfy the necessary elements for felony deadly conduct. I would have to know the specific facts of your case, however, to give a legal opinion. Good luck.

Sec. 22.05. DEADLY CONDUCT.

(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.

(d) For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

Anna Summersett
Anna Summersett
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: I see now under "more details" you typed "T in the air." Did you mean all you did was "shoot in the air." If that is the case then you could simply be guilty of Discharging a Firearm in a Municipality which is a misdemeanor offense. It is very difficult, however, to have a conviction overturned once you plead guilty. You will need to contact an attorney who handles appeals and post-conviction writs to see if your plea can be challenged.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.