Although eligible Californians can obtain a license to purchase, use, or possess a firearm, there are strict laws on how you can handle or use a firearm, especially in public. The negligent discharge of a gun is one of the prohibited acts. It happens when a person willfully and with gross negligence discharges a firearm in a manner that can cause a severe injury or death. If you are suspected of doing this, the DA can file a misdemeanor or felony charge against you. A conviction can result in three years in prison, a hefty court fine, and several other severe consequences, including a life-changing criminal record.
However, a criminal charge in Los Angeles does not always result in a conviction. If you partner with us at CCLG: Los Angeles Criminal Attorney, we can review your case to determine ways in which we can fight for a fair outcome. We can also defend your rights and help you navigate all the complex legal processes associated with your case.
The Legal Meaning of Negligent Discharge of a Firearm
Negligent discharge of a firearm happens when a person willfully and with gross negligence discharges a firearm in a manner that can cause a person’s death or injury. It is a serious gun offense because it could result in devastating consequences if a person is injured. Prosecutors charge this offense as a misdemeanor or felony, depending on the facts of a case and a defendant’s criminal history. A felony conviction will result in more severe penalties than a misdemeanor.
According to PC 246.3, negligent discharge of a firearm is legally defined by some elements or facts. The prosecutor must prove these elements beyond a reasonable doubt during a trial to obtain a guilty verdict. These elements are as follows:
- You willfully pulled the trigger of a firearm or BB device
- You did so with gross negligence
- Your actions could have caused someone to sustain a severe injury or lose their life.
From these elements, this is an offense that you willfully commit. A willful action means that you knowingly committed the crime. It means that pulling the trigger was not an accident but a deliberate act. However, this does not mean that you intended to harm a person or break the law.
The prosecutor must also prove that the weapon in question was a firearm or a BB gun. A firearm is a general term for all portable, barreled weapons designed to launch a projectile, like a shot or bullet, at high speed. Examples include pistols, handguns, and rifles. A BB gun is mainly used for recreational target shooting. Both can cause significant destruction and physical harm if directed at property or people.
The prosecutor must prove that you knowingly pulled the trigger on a firearm or a BB gun. This action is what triggers the launching of a projectile that could seriously injure or kill a person.
Also, they must prove that your actions were done with gross negligence. In this case, gross negligence means that you acted consciously, voluntarily, and with reckless disregard for human safety. It also could mean that you did not exercise reasonable care when handling the weapon, as a reasonable person would. Gross negligence is worse than ordinary negligence because it demonstrates a severe disregard for human safety. The DA can find your actions grossly negligent if you knew the possible consequences of your actions but still acted that way. It means that you acted so recklessly as to create a significant risk of death or great bodily injury.
Lastly, the prosecutor must prove that your actions could have caused the injury or death of a person. This means that although you did not actually hurt anyone, you are still guilty because of what would have happened if you had actually shot at a person. This means that you are still guilty under this statute even if no one is hurt, injured, or dead due to your negligent actions.
However, there is no requirement for the prosecutor to prove your intentions under this law. Unlike most gun-related crimes, a person’s intent plays a critical role in determining the severity of their actions. Under this law, your intent is not required. Thus, you are guilty whether you intended to harm a person or were just playing around. What matters is that your actions put people’s lives at risk.
Also, it will not matter whether the firearm was loaded. If you willfully pulled the trigger with a conscious disregard of other people’s safety, the court can deliver a guilty verdict.
Examples of Circumstances that Can Result in Criminal Charges under PC 246.3
Several circumstances can result in criminal charges under this law. Examples include the following.
Example 1: While celebrating his preferred presidential candidate’s win with his friends one evening, Kelvin takes out his gun and fires several times into the air. Luckily, none of his friends are injured, but one bullet hits one of his neighbors’ walls. The neighbor calls the police after hearing the gunshots, and Kelvin is arrested and charged with negligent discharge of a firearm. Kelving can be convicted because his actions are wilful and grossly negligent.
Example 2: While going through his parents’ stuff in the basement, Jacob (18) comes across an old rifle belonging to his grandfather. Out of excitement and without checking first whether it is loaded, he decides to test it by firing a few shots. However, he negligently ignores his younger brother, who is seated at the top of the basement stairs, watching him. One bullet almost hits the young boy. Jacob is guilty of negligently discharging a firearm. He understood the harm his actions could cause but ignored it.
Example 3: In the heat of an argument with her husband, Tracy grabs her gun and fires in the opposite direction. She intends to scare her husband. However, her actions resulted in a criminal charge for negligently discharging a firearm.
Note: DAs handle these cases on a case-by-case basis. While discharging a firearm is unlawful, the DA will file charges under PC 246.3 based on the circumstances of a case.
Example 4: Janice forgets to lock her gun cabinet one evening. Her son (7) accidentally takes and fires one of the firearms. Luckily, no one in the family is injured. In this case, Janine’s son is not guilty of negligent discharge of a firearm. Although his actions are willful, the young boy may not understand their nature or possible consequences. Thus, the DA may not be able to prove beyond a reasonable doubt that the boy was grossly negligent.
The Penalties of a Conviction for Negligently Discharging a Firearm
PC 246.3 is a wobbler, meaning that the DA can file misdemeanor or felony charges. The exact charges you will face will depend on your criminal history and the circumstances of your case. However, there is usually one main exception here. If you negligently discharge a BB gun, the DA will file a misdemeanor charge, rather than a felony charge. This is because a BB gun is mainly used for recreational target shooting.
A misdemeanor conviction for negligently discharging a firearm will likely result in the following penalties:
- One year in jail, or
- Misdemeanor probation
- $1,,000 in court fines
The court can opt for misdemeanor probation rather than jail. While this may seem favorable, you must adhere to strict terms and conditions, which the judge will set during sentencing. For example, they could order you not to commit any crime while on probation, to perform community service, and to periodically provide progress reports to the judge. In the event of a probation violation, the judge may revoke it and sentence you to the required jail term.
A felony conviction under PC 246.3 may result in the following penalties:
- 16 months, two or three years in prison
- Felony probation
- A maximum of $10,000 in court fines
Again, the judge can sentence you to probation instead of prison. Felony probations last for up to five years. The judge will determine the terms and conditions of your probation, set according to the details of your case. They will also place you under the probation department. An officer will work closely with you to ensure that you do not violate probation. If you do, the court can revoke probation and sentence you to the prison term recommended by law.
A felony conviction can also result in a jail sentence under the California Realignment Program. This program advocates a jail sentence rather than a prison sentence for defendants found guilty of less severe felonies. This means that the terms of your sentencing will likely be more favorable than they would be if you ended up in prison.
Other Consequences of a Conviction for Negligent Discharge of a Firearm
A criminal conviction under PC 246.3 will result in other consequences, which you should be aware of, to prepare well for defense. These consequences are in addition to the prison or jail sentence and the hefty court fine stipulated under the law. The most common ones include the following:
A Serious Criminal Record
Every arrest and conviction you receive is recorded under your criminal record. Since criminal records are publicly available, a serious record can affect different aspects of your life. Some people, including landlords, employers, and insurance providers, run background checks on individuals they wish to engage. A serious criminal background can hurt your chances of finding work, getting affordable insurance, or accessing housing services.
The effect of a misdemeanor conviction on your record is not as severe as that of a felony, because you can expunge a misdemeanor after completing your sentence. However, a felony conviction remains on your record for life. It helps to fight your charges to avoid a conviction altogether, so you will not worry about having a damaging criminal record.
The Impact on Your Gun Rights
If you own or frequently use a firearm for protection or recreation, you should worry about your gun rights following a criminal conviction. Some circumstances affect your gun rights, including a felony conviction. California law does not allow convicted felons to purchase, own, or use a firearm. You lose these rights permanently after the sentence.
Note that a misdemeanor conviction does not affect your gun rights.
Immigration Consequences
If you are an immigrant and face charges for the negligent discharge of a firearm, a conviction could affect your immigration status. Generally, crimes that affect an immigrant’s immigration status are categorized under crimes of moral turpitude. PC 246.3 is one such crime because it involves elements like recklessness or gross negligence. If the court establishes that your actions were in wanton disregard of human life, which goes against the community’s moral standards, your conviction may result in deportation. This means that after serving your sentence, you could be removed from the United States.
Sentencing Enhancement
You could be subjected to a sentencing enhancement for negligently discharging a firearm. This will likely happen in particular circumstances. For example, if you commit the crime for the benefit of an unlawful street gang, the judge may enhance your sentence.
Sentencing enhancement increases your penalties after a conviction. In this case, you will likely receive an additional two, three, or four years on top of your underlying penalties. The two sets of penalties must be served consecutively.
Additionally, a felony conviction for negligent discharge of a firearm could count as a strike under the Three Strikes Law. This means that it will affect the sentencing guidelines for any other conviction for a strike you receive in the future. If you already have a strike conviction on your record, you will receive double the penalties required for the underlying offense. A third strike on your record is punishable by 2 years to life in prison.
Defense Strategies to Fight Charges Under PC 246.3
The penalties and consequences of a conviction for the negligent discharge of a firearm are severe. However, you can influence the court’s decision regarding your case through proper defense. You can partner with a skilled attorney and employ effective defense strategies to fight your charges and obtain a favorable outcome. With solid defense, the court can dismiss or reduce your charges. Your attorney can also negotiate for a plea deal to reduce the conviction’s impact on your life. Here are examples of the best defense strategies you can use in your case:
Your Actions Were in Self-Defense
When you believe that you or someone else is in imminent danger of harm, you are legally allowed to use reasonable force to protect yourself or them. Thus, a ceiling self-defense claim could lead to a favorable outcome if you prove you need to use force to stay safe. However, you must prove that indeed you were in danger, or you reasonably believed that you were in danger. You must also prove that you only used enough force to protect yourself from the threat. If this strategy works, the court will dismiss the charges.
While self-defense is commonly used in violent and gun-related crimes, courts do not always accept it. You need the help of a competent attorney to convince the court that you needed to do what you did to stay safe or protect the other person.
Example: Judy is fast asleep in the middle of the night when she is suddenly awakened by a loud bang on her door. She walks to the door and peeks from the keyhole, but cannot see anyone. She even calls out to ask who is at the door, but receives no response. She retrieves her loaded gun and fires twice outside her window to scare whoever is in her compound. Judy’s actions are in self-defense because the alleged person in her compound at night threatens her safety and the safety of her loved ones.
You Reasonably Believed That It Was Safe to Discharge the Firearm
You can use this defense strategy if you fired a gun you reasonably believed to be unloaded. In most cases, negligent discharge of a firearm applies to a situation where a person recklessly fires a loaded firearm. This situation puts people at risk of injury or death. However, the situation is different if you reasonably believe that a gun was unloaded. Pulling the trigger of an unloaded firearm does not put anyone at risk of harm.
First, the district attorney always bears the burden of proof in criminal cases. They must prove beyond a reasonable doubt that you negligently discharged a firearm, putting people at risk of injury or death. In this case, the DA must demonstrate that you knew the gun was loaded or that you did not care.
You can counter the DA’s case by demonstrating that you reasonably believed the firearm to be unloaded. It could be that you had unloaded the gun yourself, or that the owner convinced you that it was unloaded. Also, you can state that the firearm was in storage for a very long time, and you forgot that it was loaded. If your killed attorney convinces the court that you did not negligently discharge a loaded firearm, the court will dismiss the charges.
No Actual Harm Happened
You may be able to obtain a favorable outcome in your case if you prove that no one was injured or killed when you negligently discharged a firearm. Remember that DAs and judges deal with these cases on a case-by-case basis. They consider the circumstances of each case to determine the charges and penalties. You could be charged or convicted of a misdemeanor or felony, depending on the severity of the case.
In this case, the court will consider the degree of risk to the people around to determine the outcome of your case. If no one was injured or killed by your actions, your sentence will not be as hefty as if someone had sustained a severe injury or death.
This defense strategy may work even better if the incident occurred in an isolated location not frequented by people. The court may rule in your favor if it is established that, although you negligently discharged a loaded firearm, you did not intend to harm anyone. Depending on the circumstances of your case, the court can dismiss or reduce your charges.
Negligent Discharge of a Firearm and Related Offenses
Some crimes under California law are related to PC 246.3. They include the following:
Brandishing a Weapon
Under PC 417, it is a crime to brandish a dangerous weapon or a firearm, except in self-defense situations. “Brandishing” means drawing or exhibiting a weapon in a threatening manner, or using a dangerous weapon in a fight. This is primarily a misdemeanor offense, punishable by up to 1 year in jail and a fine of up to $1,000.
In relation to negligent discharge of a firearm, the DA can choose one over the other, depending on the circumstances of your case.
Shooting at an Inhabited Home or Vehicle
PC 246 makes it a felony crime to discharge a firearm in an inhabited home or vehicle negligently. This is a serious crime because it puts people at risk of severe injuries or death. The penalties for a conviction under PC 26 include three, five, or seven years in jail and fines of up to $10,000. This is also a violent crime that will likely result in loss of gun rights and a strike record under the three-strikes law. You could also be eligible for sentencing enhancement, which increases your penalties significantly.
In relation to negligent discharge of a firearm, the prosecutor will choose the one that perfectly fits the circumstances of your case.
Find an Experienced Criminal Attorney Near Me
If you or your loved one is facing charges for negligently discharging a firearm in Los Angeles, you need the help and guidance of an experienced criminal attorney. You need help understanding the severity of your charges, the possible outcome, and your defense options. An attorney will also ensure you understand the criminal process and your rights.
We offer reliable defense services at CCLG: Los Angeles Criminal Attorney for people facing various gun-related charges. We can help you determine your options and the best defense strategies for a favorable result. Call us at 323-922-3418 to start the legal process.
