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 ??????

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2 Lawyer Answers

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.

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.

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