Denton County Deadly Conduct Defense Lawyer | Free Consult

If you’re facing a deadly conduct charge in Denton County, you’re dealing with a serious criminal offense that could result in jail time, fines, and a permanent criminal record. Under Texas Penal Code § 22.05, deadly conduct occurs when someone knowingly discharges a firearm at or in the direction of another person, or recklessly engages in conduct that places another in imminent danger of serious bodily injury. The stakes are high, and the decisions you make now can affect the rest of your life.

Many people arrested for deadly conduct didn’t intend to hurt anyone. Maybe a firearm discharged accidentally. Maybe you were defending yourself or your family. Maybe the situation spiraled out of control faster than you could react. Prosecutors in Denton County take these charges seriously, but that doesn’t mean you’re without options. With an experienced Denton County deadly conduct defense attorney, you can challenge the evidence, negotiate with prosecutors, and fight to protect your future.

What Deadly Conduct Means Under Texas Law

Under Texas Penal Code § 22.05, a person commits deadly conduct if they:

Knowingly discharge a firearm at or in the direction of one or more individuals, or recklessly engage in conduct that places another person in imminent danger of serious bodily injury.

The law distinguishes between two types of deadly conduct. The first involves intentionally firing a weapon toward someone. The second involves reckless behavior that creates a serious risk of harm, even if no firearm is involved.

The key word is “knowingly” or “recklessly.” Prosecutors must prove you were aware of your actions or that you consciously disregarded a substantial risk. If the discharge was accidental, or if you didn’t know someone was in danger, this can form the basis of a strong defense. Context matters. The same set of facts can look very different depending on whether you were acting in self-defense, whether the alleged victim was the aggressor, or whether the discharge happened in a controlled environment like a gun range.

Penalties for Deadly Conduct in Denton County

The severity of a deadly conduct charge depends on whether a firearm was discharged and the circumstances of the offense.

Class A Misdemeanor (No Firearm Discharge): Up to 1 year in county jail and a fine up to $4,000. This applies when you recklessly create danger without actually firing a weapon.

Third-Degree Felony (Firearm Discharge): 2 to 10 years in prison and a fine up to $10,000. This charge applies when you knowingly discharge a firearm at or in the direction of someone. If convicted of a felony, you lose the right to vote, own firearms, and hold certain professional licenses.

Beyond the criminal penalties, a conviction can disrupt your employment, housing, and family relationships. Many employers run background checks. Landlords do the same. A violent crime on your record makes it harder to move forward.

What to Expect for Bond in Denton County

If you’re arrested for deadly conduct in Denton County, one of the first questions on your mind will be bond. Bond amounts vary based on the specific charge and the circumstances of your case.

For standard deadly conduct charges under Texas Penal Code § 22.05(a), analysis of Tarrant County bond data shows typical bonds range from $2,500 to $5,000. If the charge involves discharging a firearm under Texas Penal Code § 22.05(b), bond amounts are significantly higher, with typical bonds set at $10,000 and an average of $32,655.

Bond amounts can be influenced by several factors. Prior criminal history, the perceived danger to the community, whether anyone was injured, and whether you have ties to the area all play a role in what a magistrate decides. If you have no prior record and strong community ties, you’re more likely to receive a lower bond or even a personal recognizance bond.

An experienced Denton County defense attorney can advocate for a lower bond at your first appearance or file a motion to reduce bond if it’s set too high. Getting out of jail quickly allows you to participate in your defense, maintain your job, and avoid the disruption that comes with prolonged detention.

Common Defenses to Deadly Conduct Charges

Every deadly conduct case is different, but several defenses come up repeatedly in Denton County courts.

Self-Defense: Texas law allows you to use force, including deadly force, to protect yourself from an unlawful threat. If you reasonably believed you or someone else was in immediate danger, self-defense may apply. The key is whether your perception of danger was reasonable under the circumstances.

Defense of Property: Under certain circumstances, you may use force to protect your property. If someone was trespassing or committing a theft, you may have been justified in your actions. However, the use of deadly force to protect property is limited and depends heavily on the specific facts.

Accidental Discharge: If the firearm discharged accidentally and you did not act recklessly, you may not have committed a crime. Accidents happen, and the law recognizes a difference between an intentional act and an unintended result.

Lack of Knowledge or Recklessness: Prosecutors must prove you acted knowingly or recklessly. If you were unaware that someone was in danger, or if you took reasonable precautions to prevent harm, this undermines the state’s case.

No Imminent Danger: For a reckless deadly conduct charge, the state must show that someone was in imminent danger of serious bodily injury. If the danger was not immediate, or if no one was actually at risk, the charge may not hold up.

The right defense depends on the facts. A skilled attorney will investigate the circumstances, interview witnesses, and examine the physical evidence to build the strongest possible case.

How Deadly Conduct Cases Are Reduced or Dismissed

In Denton County, our firm recently represented a client facing a second-degree aggravated assault with a deadly weapon charge. Through negotiation with prosecutors, we were able to reduce the charge to a Class A misdemeanor deadly conduct with a sentence of 24 months’ probation. This outcome allowed our client to avoid a felony conviction and the long-term consequences that come with it.

Reductions and dismissals happen when defense attorneys identify weaknesses in the prosecution’s case. Maybe the evidence doesn’t support the charge. Maybe there are questions about whether the alleged victim’s account is credible. Maybe there were procedural errors in the arrest or investigation. Every case has pressure points, and an experienced attorney knows how to find them.

Prosecutors are more willing to negotiate when they know they’re facing a strong defense. If your attorney can raise reasonable doubt about key elements of the charge, the state may agree to reduce it to a lesser offense or dismiss it entirely. Early intervention is critical. The sooner an attorney gets involved, the better the chances of a favorable resolution.

What Happens After an Arrest for Deadly Conduct

The criminal process in Denton County follows a predictable path, but the outcome depends heavily on the strength of your defense.

Arrest and Booking: After your arrest, you’ll be taken to the Denton County Jail for booking. This includes fingerprinting, photographing, and processing. You’ll typically have a bond hearing within 24 to 48 hours.

Bond Hearing: At your bond hearing, a magistrate will set bond based on the charge, your criminal history, and the circumstances of the case. Your attorney can argue for a lower bond or a personal recognizance bond.

Arraignment: At your arraignment, you’ll be formally charged and asked to enter a plea. Most defendants plead not guilty at this stage. Your attorney will receive the initial discovery, which includes police reports, witness statements, and other evidence.

Pre-Trial Negotiations: This is where much of the work happens. Your attorney will review the evidence, identify weaknesses in the state’s case, and negotiate with prosecutors. Many cases are resolved at this stage through plea agreements or dismissals.

Trial: If no agreement is reached, your case will go to trial. A jury will decide whether the state has proven every element of the charge beyond a reasonable doubt. A strong defense attorney will challenge the state’s evidence, cross-examine witnesses, and present your side of the story.

Each stage of the process is an opportunity to fight the charge. The earlier you have an attorney involved, the more opportunities you have to challenge the evidence and negotiate a better outcome.

Can Deadly Conduct Be Expunged or Sealed?

If your case is dismissed or you’re acquitted, you may be eligible to have the arrest expunged from your record. Expunction removes the arrest from public view, as if it never happened. If you receive deferred adjudication, you may be eligible for an order of nondisclosure, which seals the record from most public searches but doesn’t erase it entirely.

Eligibility for expunction or sealing depends on the outcome of your case and whether you meet certain statutory requirements. An attorney can evaluate your case and advise you on the best path forward once the criminal proceedings are complete.

Why You Need an Attorney for Deadly Conduct Charges

Deadly conduct charges are serious. Prosecutors in Denton County have significant resources, and they will use them to secure a conviction. Without an experienced Denton County deadly conduct lawyer, you’re at a severe disadvantage. Public defenders are often overworked and may not have the time or resources to give your case the attention it deserves.

An experienced criminal defense attorney levels the playing field. We investigate the facts, challenge the evidence, and hold the state accountable. We negotiate with prosecutors and fight for reductions, dismissals, or acquittals. We make sure your rights are protected at every stage of the process. If you’ve been charged with assault in Denton County, you need someone who knows how to navigate the local courts and who has a track record of success.

Protect your rights and your record. Don’t face these charges alone.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you’re hiring a team with over 70 legal professionals across four Texas offices. Our attorneys have secured more than 1,600 dismissals and 800 charge reductions in criminal cases. We handle everything from misdemeanors to serious felonies, and we approach every case with the same level of preparation and commitment.

We don’t just show up to court. We investigate. We challenge the state’s evidence. We file motions to suppress illegally obtained evidence. We negotiate with prosecutors from a position of strength. And if necessary, we take cases to trial. Past results do not guarantee future outcomes, but our track record speaks to the quality of representation you can expect.

If you’ve been charged with deadly conduct in Denton County, call us for a free consultation. We’ll review your case, explain your options, and give you honest advice about what to expect. Time matters in criminal cases. The sooner you have an attorney working on your defense, the better your chances of a favorable outcome.

Frequently Asked Questions About Deadly Conduct in Denton County

Can I be charged with deadly conduct if no one was hurt?

Yes. Deadly conduct charges focus on the risk created, not the outcome. Even if no one was injured, you can be charged if you knowingly discharged a firearm at or in the direction of someone, or if you recklessly created a serious risk of harm.

What if the gun went off accidentally?

An accidental discharge may not meet the standard for deadly conduct, which requires proof that you acted knowingly or recklessly. If you were handling the firearm responsibly and the discharge was truly accidental, this can be a defense. However, you’ll need an attorney to argue this effectively.

Can I still own a gun if I’m convicted of deadly conduct?

If you’re convicted of a felony deadly conduct charge, you will lose your right to own or possess firearms under both Texas and federal law. A Class A misdemeanor conviction does not automatically result in the loss of gun rights, but certain conditions or enhancements may affect your ability to possess firearms.

How long does a deadly conduct case take in Denton County?

The timeline varies depending on the complexity of the case, whether it goes to trial, and how busy the court docket is. Some cases resolve in a few months through plea agreements, while others may take a year or more if they go to trial.

Will I go to jail if I’m convicted?

It depends on the charge and your criminal history. A Class A misdemeanor carries up to one year in county jail, but many first-time offenders receive probation instead. A third-degree felony carries 2 to 10 years in prison, though probation may still be possible depending on the circumstances and the strength of your defense.

Take the First Step

If you’re facing deadly conduct charges in Denton County, you don’t have to fight this alone. Varghese Summersett has the experience, resources, and commitment to give you the best possible defense. Call us today at (817) 203-2220 for a free consultation. We’ll review your case, answer your questions, and help you understand what comes next. Your future is worth fighting for.