Armed Road Rage: How a Gun Turns a Misdemeanor Into a Felony

 Posted on September 05, 2025 in Criminal Defense

Road rage incidents are on the rise in Texas and across the nation. In fact, in 2024, 96 percent of drivers polled reported witnessing an act of road rage within the past six months. By October 2024, 116 people had been killed in road rage incidents involving guns, and over the past seven years, a total of 12,610 injuries and 218 murders have been attributed to road rage.

There is no doubt that road rage is a problem, but the flip side of that is that a person can end up in prison simply for having a firearm during a road rage incident. Drivers often lose their tempers as high volumes of traffic slow the flow of traffic and lead to accidents during already-stressful commutes. Letting off steam by yelling, honking, recklessly changing lanes, or making a rude gesture would typically result in a traffic ticket or a misdemeanor charge.

When you add a firearm into the mix – even if it is never fired – the stakes change dramatically. In the state of Texas, displaying or using a gun during a road rage encounter can escalate the offense to a serious felony. If you are facing such charges, the consequences can be life-altering. The best thing you can do is to speak to an experienced Jourdanton, TX criminal defense attorney who will work hard to minimize those consequences.

What is Road Rage in Texas?

Road rage can cover any of the following behaviors:

• Tailgating
• Cutting off other drivers
• Making rude gestures
• Yelling
• Ramming another vehicle
• Forcing another driver off the road
• Throwing things at another driver
• Weaving in and out of traffic

There is no specific statute addressing road rage in Texas. Road rage incidents are usually charged under reckless driving (Texas Transportation Code Section 545.401) or, in some cases, disorderly conduct. Both of these are misdemeanors, and the maximum penalty for reckless driving is a $200 fine and up to 30 days in jail. Typically, the only penalty is a fine and an increase in insurance rates. Reckless driving covers driving in a "willful or wanton disregard for the safety of persons or property."

When road rage escalates, the charges escalate as well. Physical violence against another driver can be charged as assault (Texas Penal Code Section 22.01) or aggravated assault with a deadly weapon under the same statute. Assault can also cover the threat of violence against another person, while aggravated assault with a deadly weapon covers any incident where a weapon is used and the other person has a reasonable fear of injury or death.

A new Texas law, which took effect on September 1, 2025, increases penalties for road rage shootings in response to the state’s high rates of highway violence. The law was passed with bipartisan support in May, increasing the potential sentence to five years to life in prison for shooting into or toward an occupied vehicle.

Firearms Escalate Charges from a Misdemeanor to a Felony

Even pointing a gun or brandishing a firearm can escalate misdemeanor charges to serious felony charges. For example, aggravated assault with a deadly weapon is a second degree felony, punishable by two to 20 years in prison. It can be charged simply for brandishing a firearm and making threats. If serious bodily injury occurs, the charges can rise to a first-degree felony. Real-life scenarios where these charges could occur include:

• Firing a warning shot into traffic (treated as deadly conduct).
• Waving a gun out the car window during a heated exchange (likely a felony assault charge).
• Flashing a firearm at another car after being cut off (aggravated assault with a deadly weapon).

Contact an Atascosa County, TX Gun Crimes Lawyer

Prosecutors often pursue aggressive sentencing in road rage gun cases because of public safety concerns and to deter others from similar behavior. Having a highly skilled Jourdanton, TX criminal defense attorney from BRCK Criminal Defense Attorneys as your advocate can significantly impact the outcome of your charges. Every partner in our firm is either a former criminal prosecutor or a judge, which provides a definite benefit to our clients. Call 830-769-1010 to schedule your free consultation. Our attorneys speak Spanish.