San Diego Unlawful Discharge of Firearm Attorney
Anyone aged 18 and above can legally own and use a firearm in California. However, it is crucial to follow the gun laws set by the state. If you fired your gun and endangered other people or caused property damage, it’s best to consult with a San Diego unlawful discharge of firearm attorney right away!
Lee Law Group has one of the best teams of criminal defense attorneys that you can work with. We have been providing professional legal services for many years now. This helped us gain more insight into the legal system and enhance our skills in personalizing our defense strategies for each unique case.
Our lawyers have in-depth knowledge of California criminal law and 100% dedication to helping our clients reach the best outcome for their cases. We will advocate for your interests proactively and ensure that your case gets acquitted or, if possible, reduce your penalties to the minimum.
When you know you’re being accused of unlawfully discharging a firearm, talk to a skilled defense attorney immediately. Our legal representation can be a powerful tool that can get you acquitted or, if that’s not possible, reduce your penalties to the minimum.
Call Lee Law Group today at (619) 492-7781 for your Initial Consultation with a San Diego Unlawful Discharge of Firearm attorney!
Unlawful Discharge of Firearms in California
A firearm’s unlawful or negligent discharge is a criminal offense in California, as stated in the Penal Code § 246.3 PC. It is defined as the deliberate act of discharging a firearm in a grossly negligent manner, which can then injure or kill a person.
The prosecutors can charge this crime as a misdemeanor or a felony. However, before you can be found guilty of this offense, the prosecutors must prove the following three key facts or “elements of the crime” stated in the legal definition of “negligently discharging a firearm.”
1. You shot a firearm or a BB device intentionally.
To be convicted of unlawfully discharging a firearm in California, the prosecutor must prove that you intentionally pulled the trigger. You won’t be found guilty if you only pulled the trigger by accident or if you truly believed that you were firing blanks.
2. You acted with “gross negligence” when you shot the firearm or device.
It must also be proved that you behaved with “gross negligence.” This means that your reckless actions created a high risk of death or bodily injury and that a reasonable person wouldn’t have done it under the same circumstances due to the said risks.
In other terms, the prosecutor should prove that your negligence is more than ordinary carelessness or common mistake in judgment.
3. Someone could have been injured or dead when you shot the firearm or device.
Lastly, you can only be convicted if your negligent discharge of a firearm could have ended with someone’s injury or death. This means that even if it is highly unlikely that your shooting could’ve injured or killed someone, as long as it is possible, you can be convicted of this crime.
Penalties for Negligent Discharge of Firearm in California
The unlawful or negligent discharge of firearms can seem like a minor matter compared to other offenses outlined under the California gun laws. Nevertheless, it is crucial that you work with a San Diego criminal defense lawyer since this offense can still warrant harsh penalties.
Negligently firing a firearm is considered a ‘wobbler’ offense in California, which means it can be charged as either a misdemeanor or felony. The prosecutor will decide on this based on the circumstances surrounding the allegation and the accused’s criminal history. However, if the negligent discharge is done with a BB device, it can only be charged as a misdemeanor.
For misdemeanor charges, the maximum county jail sentence is 1 year. You may also be subject to summary probation and required to pay a fine of up to $1,000.
For felony charges, the county jail sentence can reach up to 16 months, 2 years, or 3 years. Penalties also include formal probation and a fine of up to $10,000.
California Three Strikes Law
California also has a “Three Strikes” law where a felony negligent discharge is considered a ‘serious felony.’ This means that if you were convicted of this crime, a subsequent charge with any other felony in California will result in twice the normal sentence.
Furthermore, if you reach three strikes with another felony conviction—whether or not it is for a negligent discharge offense again—you will have to face a sentence of 25 years to life in a state prison.
Immigration Consequences
If convicted of negligently discharging a firearm in California, non-U.S. citizens will face serious immigration consequences. This offense is considered a “deportable crime.” You can be deported if you’re an immigrant and convicted of or plead guilty to this offense.
Remember that each case can result in varying penalties. Discuss your case with our defense attorneys for a better idea of how it may end up. We’ve handled numerous San Diego unlawful discharge of firearm cases over the years and have well-understood how the local justice system works.
Effective Defenses for Unlawful Discharge of Firearm Cases
Even with similar charges, the circumstances in every case are unique. This is why at Lee Law Group, we also ensure that we’ve strategically personalized our defense strategy for every client accused of unlawfully discharging a firearm.
We will begin our work by gathering all the relevant facts about your case for a thorough assessment. Once we have all the information we need, we will present all the possible defensive actions we can take. We’ll also explain the potential resolutions to your case so you can decide what course of action you want to pursue.
Here are some of the defenses that we can use for unlawful discharge of firearm cases:
You discharge your firearm in self-defense.
If you were defending yourself or someone else when you shot your firearm, you wouldn’t be guilty of unlawful or negligent discharge.
This defense can be applied if:
- You have reason to believe that you (or someone else) were in imminent danger of getting injured or touched unlawfully.
- You reasonably believed that firing the gun to defend yourself (or someone else) was necessary against that danger.
- The force you used was no more than what was reasonably necessary to defend yourself or someone else.
You believed the gun was unloaded.
Having the genuine belief that the gun was not loaded, you wouldn’t be guilty of negligently discharging a firearm in California. Proving otherwise will be the prosecutors’ burden, and it can be quite difficult to prove beyond a reasonable doubt that you knew the firearm was loaded.
There was no actual danger of death or injury.
The prosecutor needs to establish that discharging your firearm had put people in danger of bodily injuries or death. The time and place of the incident and the number of people when it happened are important factors to prove this. With the help of our criminal defense lawyers, we can convincingly tell your story to counter the prosecution’s claims.
To learn which defense will best get your case acquitted or minimize your penalties, talk to our San Diego criminal defense lawyer as soon as possible!
At Lee Law Group, you can trust our unwavering dedication to assisting our clients in facing criminal charges. Our process begins with a thorough examination of your case, where our lawyers will meticulously collect every relevant detail essential for building a solid defense strategy.
With our support, you can put aside concerns about navigating complex legal documentation or engaging in negotiations with the opposing party. Our seasoned attorneys will handle these tasks with efficiency and accuracy. More importantly, as your legal representative in court, we will present compelling arguments on your behalf.
Rest assured, we will employ the most effective legal strategies to protect your rights and safeguard your freedom. In cases where incriminating evidence poses a challenge, our focus will shift to minimizing your penalties to the greatest extent possible.
Let’s Talk Now- Initial Consultation
Call Lee Law Group today at (619) 492-7781 for your Initial Consultation with a San Diego Unlawful Discharge of Firearm attorney!
