6 Feb 2013
There are numerous charges set forth in the Texas criminal statutes which fall under the general heading of assault. Among them are simple assault, aggravated assault, sexual assault, aggravated sexual assault, and inflicting an injury on a child, or on an elderly or disabled person. But you rarely hear in the news of a charge under section 22.05 of the Penal Code – it is known as “deadly conduct.”
The offense was mentioned in a recent article recounting an event that took place last week in south Austin. The report says that police were called to a home where John McBryde and two friends were firing at a cushion in the backyard – target practice, they claim. Readers may recall that McBryde was taken into custody last November after he allegedly barricaded himself inside the same residence, attracting the attention of a SWAT team.
In any event, McBryde has been charged with a number of offenses, including several drug crimes and assault offenses. The charge we are focusing on is listed in the court records as deadly conduct, with the added notation of “discharge firearm.”
Deadly conduct can be any reckless conduct that causes another person to be placed in danger of injury. The danger must be imminent. Without more, it is a class A misdemeanor. However, the statute goes on to define a more serious offense, also under the heading of deadly conduct, which involves knowingly discharging a firearm at or in the direction of a person or persons, or at a building or vehicle (where the suspect is reckless as to whether the building or vehicle was occupied at the time. This offense is a felony of the third degree.
It appears based upon the court documents that McBryde is being charged with a felony under the latter section of the statute. Note that the report on the incident does not claim that the suspect and his friends were firing at anyone – rather, it says they were firing “in the direction of” a road where vehicles and individuals could have been hit. There is no allegation that the group were actually attempting to hit a person, vehicle or building, and under the statute, no such allegation is required.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737