What criminal charges may be filed for illegal discharge of a firearm in California?
In California, there are several crimes related to the discharge of a firearm. Here are some examples:
- Negligent Discharge of a Firearm: This is when a person negligently discharges a firearm in a manner that endangers the safety of another person. This is a misdemeanor offense, punishable by up to one year in jail and/or a fine of up to $1,000.
- Discharge of a Firearm in a Grossly Negligent Manner: This is when a person discharges a firearm in a manner that creates a high risk of death or great bodily injury to another person. This is a felony offense, punishable by up to three years in prison and/or a fine of up to $10,000.
- Discharge of a Firearm at an Inhabited Dwelling or Occupied Vehicle: This is when a person discharges a firearm at an inhabited dwelling, occupied vehicle, or occupied building. This is a felony offense, punishable by up to seven years in prison and/or a fine of up to $10,000.
- Discharge of a Firearm from a Motor Vehicle: This is when a person discharges a firearm from a motor vehicle with the intent to cause great bodily harm or death to another person. This is a felony offense, punishable by up to seven years in prison and/or a fine of up to $10,000.
- Shooting at an Unoccupied Vehicle or Structure: This is when a person intentionally shoots at an unoccupied vehicle or structure. This is a felony offense, punishable by up to three years in prison and/or a fine of up to $10,000.
It is important to note that these are just a few examples of the crimes related to the discharge of a firearm in California. The penalties for these offenses can be severe, and if you are facing charges, it is important to consult with a criminal defense attorney to discuss your options and develop a strategy for your defense.
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Discharge of a firearm in a public place
In California, the discharge of a firearm in a public place is a serious offense that is often charged as a felony. The specific penalties for this offense can vary depending on the circumstances of the case.
Under California Penal Code section 246, it is illegal to willfully discharge a firearm in a grossly negligent manner that could result in injury or death to another person, in any public place or in any place where any person might be endangered. This offense is commonly referred to as “discharge of a firearm in a grossly negligent manner.”
If convicted of this offense, the penalties can include up to three years in state prison, and/or a fine of up to $10,000. If the discharge of a firearm causes injury to another person, the penalties can be much more severe, including up to seven years in state prison and/or a fine of up to $10,000.
Additionally, the discharge of a firearm in a public place can also result in other charges, such as assault with a deadly weapon, reckless endangerment, or even attempted murder if the prosecution can prove that the discharge of the firearm was intentional and with the intent to kill or cause great bodily harm.
It is important to note that California takes firearm offenses very seriously, and the penalties for the discharge of a firearm in a public place can be severe. If you are facing charges for this offense, it is recommended that you consult with a criminal defense attorney to discuss your options and develop a strategy for your defense.
Can discharging a gun be used as an enhancement?
Illegal discharge of firearms can also be used as an enhancement to an underlying crime such as rape, robbery or domestic violence. In such cases, prosecutors generally ask for substantial time in jail, even if there was no injury to the victim or the public. With the help of a Criminal Defense Attorney, you could reduce the charge to a non-strike or even a misdemeanor.
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
