Deadly conduct in Texas is either a Class A misdemeanor or a third-degree felony, depending on whether a firearm was discharged. A conviction can mean up to 10 years in prison, and Fort Bend County prosecutors take these charges seriously. If you or someone you love has been arrested, the decisions you make right now will shape what happens next.
Facing Deadly Conduct Charges in Fort Bend County?
Varghese Summersett is a top-rated Texas criminal defense firm with an office serving the Houston and Fort Bend County area. Our team includes attorneys with over 100 years of combined experience, including a former Assistant District Attorney who prosecuted cases right here in Fort Bend County. The firm has secured more than 1,600 dismissals and 800+ charge reductions across Texas, and our 70+ member team handles criminal cases at every level — from misdemeanors to first-degree felonies.
Mike Hanson, Senior Counsel and Area Lead for our Houston office, previously served as an Assistant District Attorney in Fort Bend County. He has tried more than 60 cases before a jury and brings firsthand knowledge of how Fort Bend prosecutors build and pursue these cases. That inside perspective gives our clients a meaningful advantage from day one.
Our attorneys have been featured in national and local media and have earned recognition from Super Lawyers, Best Lawyers, and other leading legal rating organizations. When the stakes are high in Fort Bend County, Varghese Summersett is who people call.
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What You Need to Know About Deadly Conduct Charges
People charged with deadly conduct often have many urgent questions. Below are the ones we hear most often from clients in Fort Bend County.
Is deadly conduct a felony in Texas?
It depends on the specific conduct. Recklessly placing someone in imminent danger of serious bodily injury is a Class A misdemeanor. But if a firearm was discharged, the charge becomes a third-degree felony — a far more serious offense with the possibility of years in prison.
Can a deadly conduct charge be dismissed or reduced?
Yes. Like many criminal charges, deadly conduct cases are sometimes resolved through dismissal, reduction to a lesser offense, or deferred adjudication. The specific facts of your case — including whether a firearm was used, your criminal history, and the strength of the evidence — all play a role. An experienced Fort Bend criminal defense lawyer can evaluate those factors and build a strategy around them.
Will I go to jail for deadly conduct?
Not necessarily. Many deadly conduct cases are resolved without jail time, particularly for first-time offenders. However, the firearm discharge version of the charge is a felony and carries a minimum sentence of two years in prison if convicted. Getting ahead of this charge early matters.
Does this charge affect my gun rights?
A felony deadly conduct conviction will strip you of your right to possess a firearm under both Texas and federal law. Even a misdemeanor conviction can have lasting consequences. This is one of many reasons why the outcome of your case carries serious long-term weight.
Texas Law: What Is Deadly Conduct?
Under Texas Penal Code § 22.05, a person commits deadly conduct in two distinct ways. The first involves reckless behavior that puts someone in danger. The second involves discharging a firearm and is substantially more serious.
The Two Forms of Deadly Conduct
Section 22.05(a) — Reckless Endangerment: A person commits this offense if they recklessly engage in conduct that places another person in imminent danger of serious bodily injury. No weapon is required. A fistfight that creates a real risk of serious injury, pointing a firearm at someone, or swinging a blunt object at someone’s head can all qualify.
Section 22.05(b) — Discharge of a Firearm: A person commits this offense if they knowingly discharge a firearm at or in the direction of one or more individuals, or at a habitation, building, or vehicle. Texas law presumes recklessness in the discharge of a firearm if the person fired within 500 feet of a habitation, building, or vehicle.
What the Prosecution Must Prove
In every criminal case, the burden of proof rests entirely on the State. The defendant is not required to prove innocence. For a conviction, the prosecution must prove every element of the charge beyond a reasonable doubt — the highest standard in our legal system.
For the misdemeanor version under § 22.05(a), the State must prove:
- The defendant engaged in conduct
- That conduct was done recklessly
- The conduct placed another person in imminent danger of serious bodily injury
For the felony version under § 22.05(b), the State must prove:
- The defendant discharged a firearm
- The discharge was directed at one or more individuals, or at a habitation, building, or vehicle
- The defendant acted knowingly
“Serious bodily injury” means injury that creates a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a body part or organ. “Recklessly” means the person was aware of but consciously disregarded a substantial and unjustifiable risk.
Penalties for Deadly Conduct in Texas
The penalties for deadly conduct depend on which version of the charge you’re facing.
Class A Misdemeanor — § 22.05(a)
- Up to 1 year in county jail
- Up to $4,000 in fines
- Possible probation or deferred adjudication
- Permanent criminal record if convicted
Third-Degree Felony — § 22.05(b)
- 2 to 10 years in the Texas Department of Criminal Justice
- Up to $10,000 in fines
- Possible probation or deferred adjudication in some cases
- Loss of firearm rights
- Loss of voting rights during incarceration
- Difficulty with housing, employment, and professional licensing
A felony conviction under the discharge statute can also affect your immigration status if you are not a U.S. citizen, and it can be used as a prior conviction to enhance future charges. The ripple effects of a deadly conduct conviction go far beyond the courtroom. If you want to understand how third-degree felony charges work in Texas, our firm has a full breakdown.
Typical Bond Amounts for Deadly Conduct in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County between January and December 2025:
| Charge | Cases Reviewed | Average Bond | Most Common Bond |
|---|---|---|---|
| Deadly Conduct — § 22.05(a) (Misdemeanor) | 25 | $8,700 | $5,000 |
| Deadly Conduct Discharge Firearm at Individual(s) — § 22.05(b)(1) (Felony) | 18 | $36,833 | $10,000 |
| Deadly Conduct Discharge Firearm — § 22.05(b) (Felony) | 11 | $129,000 | $100,000 |
Bond amounts are set by a judge and can be affected by your criminal history, ties to the community, the specific circumstances of the alleged offense, and whether anyone was injured. A defense attorney can move to reduce an excessive bond and work toward your release as quickly as possible.
Common Defenses to Deadly Conduct Charges
A deadly conduct charge does not mean a conviction is inevitable. Skilled defense attorneys attack these cases from multiple angles, challenging the State’s ability to prove each required element. Here are the most common defenses.
No Reckless or Knowing Mental State
The prosecution must prove the defendant acted recklessly or knowingly — depending on which version of the charge they’re pursuing. If the conduct was accidental, or if the defendant was unaware of a risk, that mental state is not present. Discharging a firearm without knowing anyone was nearby, for example, may not satisfy the “knowingly” element under § 22.05(b).
No Imminent Danger
For the misdemeanor version, the danger must be imminent. Speculative, past, or distant threats do not satisfy this element. If the alleged victim was not actually in immediate danger of serious bodily injury at the moment in question, the charge may not hold up.
Self-Defense
Texas law recognizes a broad right to self-defense and the defense of others. Under Texas Penal Code § 9.31, a person is justified in using force against another when they reasonably believe it is immediately necessary to protect against the other person’s use of unlawful force. When the use of force — including discharging a firearm — was legally justified, the deadly conduct charge should not stand.
Challenging the Evidence
Eyewitness identifications are notoriously unreliable. Surveillance footage can be distorted, partial, or misinterpreted. Gunshot residue evidence has limitations. Physical evidence can be handled improperly. Every piece of evidence the prosecution intends to use must be scrutinized, and if it was obtained through an unlawful search, it may be suppressed entirely.
Lack of Identification
In cases involving a shooting into a crowd or a vehicle, witnesses may not have clearly seen who fired. If the identification of the defendant is weak or tainted, this is one of the most powerful defenses available.
The Legal Process: What to Expect After a Deadly Conduct Arrest in Fort Bend County
Understanding the road ahead helps you and your family make informed decisions throughout your case. Here is how the process generally unfolds in Fort Bend County.
Arrest and Booking
After an arrest, you will be booked into the Fort Bend County Jail in Richmond, Texas. A magistrate will set a bond amount, which determines how you can get out. Depending on the charge level, you may be held for a short period before bond is set or a hearing is held.
Initial Appearance and Bond Hearing
A magistrate will review your case and set your bond. An attorney can appear at this stage to argue for a lower bond — especially important when the initial amount is high, as the data above shows is common in felony deadly conduct cases in Fort Bend County.
Charges Filed
The Fort Bend County District Attorney’s Office reviews the case and decides whether to file charges. For misdemeanors, a formal charging document (information) is filed. For felonies, the case may be presented to a grand jury, which decides whether to indict. Intervention by an experienced attorney at this stage can sometimes prevent charges from being filed at all.
Discovery and Investigation
Your attorney requests all evidence from the prosecution — police reports, witness statements, video footage, forensic results. A thorough defense investigation runs parallel to this process, often uncovering facts the prosecution overlooked.
Pretrial Hearings and Negotiations
Most cases are resolved before trial through negotiated agreements. Your attorney may move to suppress evidence, challenge the legal basis for the arrest, or negotiate a reduction to a lesser charge. The goal is always to secure the best possible outcome for you.
Trial
If no acceptable resolution is reached, the case proceeds to trial at the Fort Bend County Justice Center in Richmond. The prosecution must prove every element beyond a reasonable doubt. If you want to see how courts handle assault and violence charges in Fort Bend County, our team is deeply familiar with how these cases unfold locally.
What to Expect From Varghese Summersett
Varghese Summersett is not a volume law firm. When you hire us, you get direct access to experienced attorneys who will fight for you at every stage of your case. Here is what that looks like in practice.
From the moment you call, we move quickly. Our team is available 24 hours a day, seven days a week, because arrests do not happen during business hours. We can appear at bond hearings, engage with prosecutors early, and begin building your defense before the case is even formally filed.
Our attorneys know Fort Bend County. Mike Hanson, our Houston area lead, spent years as an Assistant District Attorney in Fort Bend County before joining the defense side. He knows how the office thinks, how they evaluate cases, and where the pressure points are. That experience does not come from reading a law book — it comes from standing in those courtrooms and litigating those cases.
We handle everything from the paperwork to the courtroom. Our clients are kept informed at every step. And we do not believe in cookie-cutter strategies — your case is unique, and your defense should be too. Whether the right path is fighting for a dismissal, pursuing deferred adjudication, or taking your case to trial, we will give you an honest assessment and a clear plan.
You can also explore our firm’s track record for deadly conduct defense across Texas, or learn more about how we approach gun and weapons charges statewide. Speak with one of our attorneys today at (281) 805-2220.
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Frequently Asked Questions: Deadly Conduct in Fort Bend County
What is the difference between deadly conduct and aggravated assault in Texas?
Both charges involve conduct that creates a risk of serious harm, but they have distinct elements. Aggravated assault under Texas Penal Code § 22.02 requires causing serious bodily injury or using or exhibiting a deadly weapon. Deadly conduct under § 22.05 focuses on reckless endangerment and firearm discharge. In some situations involving a firearm, a person can face both charges. The prosecution will pursue whichever charge the evidence best supports — or both.
Can I be charged with deadly conduct if no one was hurt?
Yes. The misdemeanor version of deadly conduct does not require that anyone was actually injured. It only requires that the conduct placed someone in imminent danger of serious bodily injury. Firing a gun in a direction where people were present — even if no one was struck — can still result in a felony charge.
What happens if the alleged victim does not want to press charges?
In Texas, the decision to prosecute rests with the District Attorney’s Office, not with the alleged victim. The State can pursue a deadly conduct case even if the person involved does not want to cooperate. However, if a victim is uncooperative or recants, it can significantly affect the strength of the State’s case and open up new opportunities for defense.
How long do I have before the State must file charges?
For misdemeanors in Texas, the statute of limitations is generally two years. For most felonies, including felony deadly conduct, it is three years. These timeframes begin when the offense allegedly occurred. However, if you have been arrested, the case is already in motion — waiting is not a strategy.
Can a deadly conduct charge be expunged in Texas?
If your case is dismissed or you are acquitted, you may be eligible for an expunction, which removes the arrest from your record entirely. If you receive deferred adjudication, you may qualify for a nondisclosure order after successfully completing probation. A conviction, however, generally cannot be expunged. This is one more reason why the outcome of your case matters so much.
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Talk to a Fort Bend County Deadly Conduct Lawyer Today
A deadly conduct charge can follow you for years — or decades — if it is not handled properly. The time to act is now, before evidence disappears, witnesses become harder to reach, and the prosecution builds its case without opposition.
Varghese Summersett has defended clients across Fort Bend County against serious criminal charges. Our attorneys know this courthouse, these prosecutors, and these judges. Reach our team any time at (281) 805-2220 for a free consultation. There is no obligation, and everything you share is confidential.
