DEADLY CONDUCT DISCHARGE FIREARMTexas Penal Code (PC) § 22.05(b)
Deadly Conduct Discharge Firearm is a third-degree felony under Texas Penal Code (PC) § 22.05(b). It is punishable by 2 to 10 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “DEADLY CONDUCT DISCHARGE FIREARM” mean?
Deadly Conduct Discharge Firearm is a third-degree felony under Texas PC § 22.05(b).
Felony deadly conduct, Texas Penal Code § 22.05(b), is committed when a person knowingly discharges a firearm at or in the direction of either one or more individuals, or a habitation, building, or vehicle while being reckless as to whether the habitation, building, or vehicle is occupied. The required mental state is knowledge as to the discharge; for the habitation, building, or vehicle branch, the State must additionally prove recklessness — conscious disregard of a substantial and unjustifiable risk — regarding occupancy. No injury needs to result, and the State need not prove intent to kill or hurt anyone; the offense is complete upon the qualifying discharge. This citation refers to subsection (b) generally, without specifying which branch is alleged; both branches are third-degree felonies, which distinguishes them from the Class A misdemeanor reckless-endangerment form of deadly conduct in § 22.05(a).
What usually happens to a DEADLY CONDUCT DISCHARGE FIREARM charge?
47% ended without a conviction, 24% in deferred adjudication and 27% in a conviction.
How 1,137 resolved DEADLY CONDUCT DISCHARGE FIREARM charges filed 2019–2023 ended, across 13 counties (Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 640 | 56% | 22% | 20% | 381 |
Outcome is the final disposition recorded on the charge. “Other” (22) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a DEADLY CONDUCT DISCHARGE FIREARM case take to resolve?
Typically about 12 months: half of resolved cases closed within 358 days of filing.
Across 1,136 resolved DEADLY CONDUCT DISCHARGE FIREARM charges filed 2019–2023, the median time from filing to disposition was 358 days. The middle half took between 200 and 576 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real DEADLY CONDUCT DISCHARGE FIREARM cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Deadly Conduct Discharge Firearm in Texas?
2 to 10 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for DEADLY CONDUCT DISCHARGE FIREARM in Texas?
The median bail is $15,000, and 2% of defendants were released on a personal bond.
Across 9,455 Texas bail settings for this charge (55 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $15,000 (middle half: $8,000 – $35,000). 2% of defendants were released on a personal bond, and bail was denied in 505 cases. When this was the only charge at booking (2,005 records), the median was $20,000 and 5% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 1,237 | $10,000 | $5,000 – $20,000 | 0% | 5% |
| Travis | 714 | $15,000 | $10,000 – $30,000 | 9% | 5% |
| Bexar | 597 | $30,000 | $16,250 – $75,000 | 0% | 9% |
| Dallas | 541 | $25,000 | $10,000 – $50,000 | 0% | 4% |
| Ector | 373 | $15,000 | $15,000 – $15,000 | 0% | 0% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with DEADLY CONDUCT DISCHARGE FIREARM?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.