Dallas Deadly Conduct Lawyer

Dallas Deadly Conduct Attorney

Being charged with deadly conduct is considered a serious allegation, and the result can have devastating consequences for one’s life. This is especially true if someone has been severely harmed in your case. However, not every deadly conduct accusation is proven to be true. There are many reasons why these claims fall flat. To protect you from these charges, a Dallas deadly conduct lawyer can be of assistance.

At Harris & Harris Law Group, PLLC, we have a deep appreciation for how much these charges may affect your life. Our firm exists to protect individuals like you from charges that are rooted in misunderstanding. Regardless of how compelling the evidence may look, our team conducts its own thorough investigation and provides a professional recommendation on how our clients can protect themselves in the long run.

What Are the Most Common Defenses Against a Deadly Conduct Charge?

Deadly conduct is a serious allegation that someone can face. Because of this, a well-planned defense strategy is required that challenges the root of the prosecution’s claims. When successful, a strong defense could have enough power to either reduce or dismiss the charges you face.

Some of the most common include:

Lack of Intent

The concept of “intent” is a critical element in most deadly conduct cases. This is because the prosecution is obligated to prove beyond a reasonable doubt that the individual accused either recklessly engages in conduct that places another in imminent danger of serious bodily injury, or they knowingly discharge a firearm at or in the direction of one or more individuals; or a habitation, building, or occupied vehicle.

When a criminal defense attorney moves forward with a lack of intent defense, their goal is to challenge the premises of the case by arguing that their client’s actions were not deliberate or reckless but rather were done by accident or were unavoidable. For example, if someone was driving their vehicle and started to experience a medical emergency, a defense lawyer can suggest that the loss of control over their car, which caused an accident, was unavoidable.

Insufficient Evidence

In deadly conduct cases, the burden of proof lies with the prosecution. It is up to them to present evidence that shows beyond a reasonable doubt that the defendant committed the actions they are claiming. To combat this, a Dallas Deadly Conduct Lawyer can comb through evidence to try and find areas that might be weak, circumstantial, or have a questionable link to the actions of their client. For example, grainy surveillance footage or contradictory witness testimonies can be challenged.

Self-Defense

Another legally recognized defense position in deadly conduct cases is self-defense. This is where a Dallas Deadly Conduct Lawyer can argue that their client had to act in the manner they did to protect themself or someone else from greater danger. To successfully establish this position, it is on the defendant to demonstrate how they believed they were in danger and acted in a proportionate manner to the perceived threat.

Mistaken Identity

Sometimes, the wrong individual is flagged as the perpetrator. This is not uncommon, as eyewitness accounts of what happened are not always accurate, especially in chaotic scenarios involving multiple people. A mistaken identity defense focuses on casting doubt about whether the alleged was actually involved. For instance, the defense might use alibi evidence, like time-stamped receipts and surveillance footage, to show they were not at the scene.

Procedural Errors

All criminal cases require the law enforcement officers who respond and investigate a case to follow the proper procedure to ensure a case remains compliant. If a defense attorney can spot any procedural errors, they could claim the integrity of the case or a specific piece of evidence has been compromised. If this is a strong enough claim to remove evidence from a case, it could make the job of the prosecution significantly more challenging.

FAQs About Dallas, TX Deadly Conduct Laws

Q: What Is a Deadly Conduct Charge in Texas?

A: Deadly conduct charges in Texas are when someone recklessly engages in behavior that places another in imminent danger of serious bodily injury. The most common reason why these charges surface is when someone shows a blatant disregard for another person’s safety, like discharging a firearm in a crowded area.

However, just because someone is charged with deadly conduct does not mean they will be found guilty. They have a legal right to defend themselves and challenge the allegations.

Q: What Are the Rules for Deadly Force in Texas?

A: According to the Texas Penal Code, an individual is justified in using deadly force to protect themselves or someone else if they believe the action is necessary to prevent death or serious bodily injury. It is mostly acceptable to prevent someone from carrying out their own crime, like a sexual assault or murder. Deadly force can also be used to protect property in certain scenarios, like preventing someone from starting a fire or home invasion.

Q: What Is an F3 Felony in Texas?

A: An F3 felony, otherwise known as a third-degree felony in Texas, is a serious criminal offense. People who are convicted of an F3 felony can face penitentiary time of anywhere from two to ten years. They may also be required to pay up to $10,000 in fines. This specific classification and punishment emphasize how seriously Texas takes these crimes compared to other misdemeanors or state jail felonies, although Texas places it below the first and second degree.

Contact Harris & Harris Law Group, PLLC Today

If you have recently been charged with committing deadly conduct in Dallas, Texas, it’s important to recognize that you are not alone. At our firm, we strongly uphold the principle that everyone has the right to defend themselves against criminal allegations.

Contact us today to tell us more about your story so we can get to work investigating your case and crafting a persuasive defense strategy.