It is against the law to behave in a manner that endangers the safety and health of others. A person who uses a weapon in a way that threatens others or has the potential to cause bodily injury may be charged with deadly conduct.
Although this charge can be applied in cases involving many types of weapons, it most frequently appears in cases involving firearms. For example, a person who points a gun at another person and threatens them may face criminal charges.
This is true even if the gun was unloaded and the person holding the gun was aware that it was unloaded. Criminal charges can still apply even if the person using the weapon did not intend to actually cause bodily harm.
For example, firing a weapon in the direction of another person or firing a weapon into a residence may be considered a felony offense.
In addition to being penalized with jail time and fines, a felony firearm conviction can lead to:
- Loss of the right to own or possess firearms
- Loss of the right to vote
- Suspension of driving privileges
- Loss of government benefits
In order to reach a conviction for this offense, the prosecution must prove the intent of the defendant. This means that the prosecution must introduce a significant amount of evidence to prove that the defendant intentionally brandished or discharged a weapon.
For example, if a gun owner accidentally drops a firearm while in their own home and the bullet strikes the wall of their neighbor’s home, a defense lawyer may argue that the defendant did not intend to discharge their firearm. If this defense is successful, the charge may be dropped or reduced to a less serious offense as long as the event did not result in the killing or injury of another person.
If you are in this situation, then you need to hire a criminal defense attorney right away. Failure to do so could result in getting longer legal penalties.