How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99412
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I pointed a toy gun at a man who was comming at me with a tire

Resolved Question:

I pointed a toy gun at a man who was comming at me with a tire tool. I was charged with deadly conduct. It is still considered a third degree felony even thou the gun was a toy.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello and thank you for requesting me.

What county are you in, please?
Customer: replied 5 years ago.
I live in Titus County, Mt. Pleasant, Tx.
Expert:  Ely replied 5 years ago.
Do you know if this is 22.05(a) or 22.05(b)?
Customer: replied 5 years ago.
I don't know.
Expert:  Ely replied 5 years ago.
The felony version of the charge is leveled if the individual "knowingly discharges a firearm..."

Because this was not a firearm, and moreover, because it was not discharged, this should be a the misdemeanor version.

This means that the maximum punishment is a Class A Misdemeanor: Confinement in jail for a term not to exceed one year; Fine not to exceed $4,000.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely and 8 other Criminal Law Specialists are ready to help you