One statute, two very different charges: reckless endangerment (misdemeanor) and shooting at or toward people or occupied places (felony). Which one you’re facing — and whether the facts actually fit — is the first question.
Charge: Deadly Conduct — Penal Code § 22.05
Level: Class A misdemeanor (recklessness) / third-degree felony (firearm discharge)
Range: Misdemeanor: up to 1 year jail, $4,000. Felony: 2 – 10 years, $10,000
Court: County Court at Law (misdemeanor) / district court (felony)
How these cases play out in Central Texas courts
Felony deadly conduct requires knowing discharge toward people, a habitation, building, or vehicle — direction and occupancy-awareness are elements, not assumptions. Rural property lines, target shooting, warning shots, and celebratory fire all generate charges where those elements are genuinely disputed. The misdemeanor version (‘placing another in imminent danger of serious bodily injury’) is broader and vaguer — which makes it both easier to charge and easier to attack, and explains why it doubles as a plea-bargain landing spot for assault cases. Self-defense and defense of property overlay everything when confrontations are involved.
Questions we hear about this charge
I fired into the ground / air on my own property — felony?
Direction and circumstances control. Discharge not aimed at people or occupied structures doesn’t fit the felony elements — though the misdemeanor and city ordinances may still be in play.
Why did my assault charge become deadly conduct?
Likely a negotiated reduction — deadly conduct avoids the family-violence finding and its lifetime consequences. Understand exactly what you’re pleading to before accepting.
Does self-defense apply?
Yes — justification defenses apply to deadly conduct like other offenses. Confrontation cases deserve full self-defense analysis before any plea.
Facing a DEADLY CONDUCT charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.