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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.
Hello and thank you for requesting me.

What county are you in, please?
Customer: replied 6 years ago.
I live in Titus County, Mt. Pleasant, Tx.
Expert:  Ely replied 6 years ago.
Do you know if this is 22.05(a) or 22.05(b)?
Customer: replied 6 years ago.
I don't know.
Expert:  Ely replied 6 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.

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