If you are facing criminal allegations, do not underestimate the importance of understanding the specific charges filed against you. You will have trouble defending yourself without knowing what the accusations involve.
Two Texas offenses that are often misunderstood are “deadly conduct” and “assault.” While both involve safety risks, the legal definitions and associated elements may differ substantially. Knowing what you are up against can help you establish a defense approach as serious as the charges you face.
Understanding deadly conduct charges
Under Texas Penal Code Section 22.05, deadly conduct involves reckless actions that put others at substantial risk of serious bodily harm. Examples of unlawful conduct include dangerously discharging a firearm or pointing a weapon at someone without legal justification.
Depending on whether the offense is charged as a misdemeanor or felony, penalties range from fines to lengthy prison time. Potential defenses include lack of intent, insufficient evidence or acting in defense of yourself or others.
What to know about assault charges
Assault, under Penal Code Section 22.01, generally involves intentionally or recklessly causing bodily injury, threatening harm or engaging in offensive physical contact.
Charges can vary from minor misdemeanors to serious felonies, depending on factors like the severity of injuries or the use of a weapon. While two distinct crimes, the penalties for assault are similar to those for deadly conduct, ranging from expensive fines to long-term incarceration.
The potential defenses can also look alike, but what makes the difference is the approach. Presenting a defense tailored to the specific charges can persuade a court to hear your full story and act appropriately.