The possession and use of firearms are highly regulated in California. In addition to obtaining a valid license to purchase and use a gun, you must follow all gun laws to avoid facing criminal charges. Among these laws is the law against negligently discharging a firearm. You can face charges under this law if you willfully and with gross negligence discharge a gun in a manner that can injure or kill a person. The offense is a wobbler. The prosecutor can charge it as a felony or misdemeanor based on the details of your case. You can face up to three years in jail or prison if the judge finds you guilty.
But you can fight your charges if you are falsely accused or your actions were in self-defense. Our skilled criminal lawyers at California Criminal Lawyer Group can put up a solid defense against your charges for a fair outcome. Thus, you can count on our help and support if you face criminal charges for discharging a firearm in Bakersfield.
Legal Definition of Negligent Discharge
Gun laws aim to protect members of the public from harm resulting from negligence and the criminal use of dangerous weapons. The law against negligently discharging a firearm is under PC 246.3. According to this law, it is a misdemeanor or felony offense to willfully and with gross negligence discharge a gun in a way that could result in the death or injury of another person. Prosecutors decide how to charge this offense based on the case details and the defendant’s criminal history. The penalties you receive also depend on whether the court finds you guilty of a felony or misdemeanor.
You deserve legal representation to navigate the legal process, protect your rights, and fight for a fair outcome for your case. You should contact a competent criminal lawyer if you face gun-related charges today. A reasonable defense attorney will use the best legal strategies to fight your charges and protect you from the hefty penalties that result from a criminal conviction. But first, they will take time to help you understand your charges, their legal implications, and your options.
To understand your charges better, it helps first to understand the elements of your offense. These are the facts of the case that the district attorney must prove for the court to deliver a guilty verdict. The crime of negligent discharge has three elements, namely:
- That you willfully shot or discharged a gun or BB device.
- You did so with gross negligence.
- Your actions could have caused another person to suffer an injury or lose their life.
Let us analyze these elements in more detail to understand this law even better:
A Willful Action
PC 246.3 requires that your actions be willful, intentional, or deliberate for the prosecutor to bring criminal charges against you. Thus, the prosecutor must demonstrate that you intentionally shot or discharged the firearm. The court will not find you guilty if you accidentally shot the gun.
Several ways exist to fight this element and weaken the prosecutor’s case. For example, you could have intentionally shot the gun with a firm conviction that the gun was unloaded. If the gun was unloaded, or you believed it was, you would not have intended to cause harm by discharging it. In that case, you are not guilty of negligently discharging a gun.
Example: Liz is visiting Beth, her best friend from school. As the two decide to experiment with Beth’s mum’s makeup, they come across a gun stashed in a makeup drawer. At first, the girls are scared to touch it, but they later convince each other that there is no way Beth’s mum would leave a loaded gun in an unlocked drawer. Beth pulls the gun out and starts playing with it. Unfortunately, it goes off, seriously injuring Liz.
Beth strongly believed a gun in her mum’s unlocked drawer was unloaded. In that case, she did not intend to injure her best friend. She is not guilty under this law.
Firearm or BB Device
PC 246.3 only applies to the negligent discharge of a gun or BB gun.
According to this statute, ‘firearm’ is a collective term for all devices that can work as dangerous weapons. From this, the user can forcefully discharge or expel a projectile through the device’s barrel through an explosion or any other type of combustion.
A BB device is legally defined as any instrument or device that can expel a projectile like a pellet or BB through spring action, gas, or air pressure.
You can face charges under this law if you use a BB device. But your charges will not be as harsh as if you used a firearm.
Example: Sammy always carries a BB gun whenever his favorite soccer team plays. The other day, he stood away from the cheering crowd and shot the weapon when the opponents scored more goals.
Even though Sammy only shot a BB gun, he is guilty of negligent discharge under PC 246.3.
With Gross Negligence
Acting with ordinary negligence is not enough to support charges under this law. The prosecutor must demonstrate that you acted with gross negligence for the court to deliver a guilty verdict. Gross negligence applies in the following situations:
- Your actions were reckless enough to cause another person physical harm or death.
- Someone more reasonable would know that discharging a firearm in that manner can create a risk of harm or death to another person.
Thus, gross negligence goes beyond ordinary negligence. It is more than a mistake of judgment or ordinary carelessness. You are guilty of acting with gross negligence when your actions differ from how an ordinary, careful individual would act under similar circumstances. The prosecutor will also consider your disregard for the other person’s safety or life and how indifferent you were to the outcome of your actions.
Example: Everyone is out on New Year’s Eve to celebrate the year that was and welcome the new year. But Susan is frustrated with the latest turn of events. She recently lost her job and has less to look forward to. Frustrated, she stands on her apartment’s balcony and fires a gun twice in the air. Her balcony overlooks a street, which is currently pretty busy with people in high spirits. Immediately after they hear the gunshot, they run for their lives.
Even though Susan did not intend to harm anyone, her actions were grossly negligent as they posed a risk of harm to the people on the streets. An ordinary person would know that firing a gun at that place and time would risk someone dying or being injured. In that case, she is guilty of negligent discharge.
Risk of Death or Injury
Lastly, the prosecutor must demonstrate that your actions created a risk of physical harm or death to another person. Discharging a firearm is a grossly negligent action if it poses that risk. However, you must not have intended to injure or kill another person to face charges under this law.
The prosecutor will work with the possibility of someone sustaining an injury or dying directly from your actions. They will prove negligent discharge when you fire a gun into the air or fire a warning shot.
Example: Tom decides to try his new hunting rifle in the woods on his property one afternoon. His neighbor calls the police immediately after hearing the shots. When the police arrive, Tom explains his actions. The police do not arrest him for negligent discharge because his actions do not pose any risk of harm to anyone. Nobody was close enough to suffer harm when he fired the gun.
Possible Penalties for a Negligent Discharge Conviction
Negligent discharge is a wobbler crime. The prosecutor can file felony or misdemeanor charges against you after your arrest. Their decision will be guided by the following:
- The facts of the case.
- Your criminal record.
The main determining factor for prosecutors when charging this offense is whether or not the defendant used an actual weapon or BB gun. In cases where a BB gun was used, the prosecutor will likely file misdemeanor charges.
If the prosecutor files a misdemeanor charge against you under this law and the jury delivers a guilty verdict, you could receive the following penalties during sentencing:
- Misdemeanor probation.
- Jail time for one year.
- $1,000 in court fines.
On the other hand, if the prosecutor files felony charges against you and the court finds you guilty, you will likely receive these penalties:
- Felony probation.
- 16 months, 2 or 3 years in jail under the state realignment program.
- $10,000 in court fines.
You could receive a probation sentence in place of or in addition to jail time. If the judge sentences you to misdemeanor probation, you will likely serve your entire sentence out of jail. But you will be under the court’s supervision. In that case, you must submit your progress period reports to the judge. The judge can continue your probation to the end or revoke it if you violate any probation terms and conditions. If the judge revokes your probation, you must serve your sentence behind bars.
However, misdemeanor probations are a little different from felony probations. The latter are longer and more involving. The judge will place you under the probation department’s probation. You must periodically check in with a probation officer to update them on your progress. If you violate your probation, the judge can revoke it and send you to jail for the required period.
The Realignment Program
The realignment program allows defendants guilty of less severe felonies to serve their sentence in jail rather than prison. If your negligent discharge is considered a less severe felony, the judge will not sentence you to prison but to jail following a conviction. This will happen if your actions do not cause significant harm or death.
Sentencing Enhancement
The sentencing enhancement applies when the judge needs to increase your sentence based on the underlying circumstances. Fortunately, most sentencing enhancements for several gun offenses do not apply under this statute. For example, if you personally use a gun to commit a felony offense under this statute, you will not be eligible for a sentencing enhancement. It is because a sentencing enhancement for the personal use of a gun to commit a crime applies to crimes that do not necessarily require using a firearm.
But the judge can still enhance your sentence under PC 186.22 for negligently discharging a gun. If you commit the offense on the order of, in connection with, or to benefit an illegal street gang, you will likely receive an additional sentence for the underlying crime. But the prosecutor must prove that your actions were intended to further, promote, or assist the gang’s illegal activities. If true, the judge will add two to four years of prison to your original sentence.
Negligent Discharge as a Strike Offense
A felony conviction for negligent discharge is a strike under the California Three Strikes Law. It means that it will affect your subsequent strike convictions. If you already have a strike conviction in your criminal record and this is your second strike, you will receive double the sentence under the law for the offense. If this is your third strike, you can receive 25 years or life imprisonment for this conviction.
Other Consequences
A conviction for negligent discharge will leave you with a damaging criminal record affecting several aspects of your life, including your professional and social lives. Socially, people will treat you differently after your arrest and conviction. It could be hard to make friends after serving a jail or prison sentence. Some people lose their families and close friends after a conviction.
Additionally, a criminal conviction can influence how you receive specific services. For example, people who run background checks, like employers and landlords, can base their decisions on what they find in your criminal record. A potential employer can make a hiring decision based on your criminal past.
A conviction for negligent discharge will also impact your immigration situation if you are an immigrant. Remember that most gun offenses are deportable crimes. You can face deportation after serving your sentence and be marked as inadmissible into the U.S.
A felony conviction under this statute will also impact your gun rights. Remember that felons are not allowed to possess or purchase firearms in California.
Defending Yourself Against Charges Under PC 246.3
Gun-related charges are serious. A conviction for negligent discharge is life-changing. But it helps to know that you can fight your charges during the trial to compel the court to reduce or drop them. You can do so with the help of an experienced criminal lawyer. That would help you avoid the criminal penalties and other consequences of a conviction. Fortunately, criminal lawyers can use one or more legal defense strategies to obtain a favorable outcome for your case. Some of these strategies your lawyer can use in your situation are:
You Were Defending Yourself
You are legally allowed to use force against another person to defend yourself or another person against imminent danger. Your lawyer can use this defense to compel the judge to dismiss your charges if you only discharged a firearm because you felt it was necessary to defend yourself or someone else. But your lawyer must demonstrate the following for the judge to accept their defense and dismiss your charges:
- You had a reasonable belief that you or another person was in danger of sustaining an injury from the alleged victim.
- You believed that firing the gun could be sufficient to protect yourself or another person.
- You only used reasonable force to defend yourself against the imminent danger you faced at the time.
If your lawyer can convince the court that you would not have fired the gun if you did not believe you or the other person were in danger, the judge will dismiss your charges.
You Had a Reasonable Belief That The Firearm Was Unloaded
PC 246.3 applies when you intentionally fire a loaded gun, disregarding human safety. The judge will dismiss your charges if you only pulled the trigger because you believed the firearm was unloaded. But you need an aggressive criminal lawyer to convince the jury of your reasonable belief that the gun was unloaded.
In criminal cases like these, the prosecutor bears the burden of proof to convince the jury that you intentionally fired a loaded gun. It could be challenging for the prosecutor to demonstrate that you knew the gun was loaded.
Additionally, it is impossible to tell if a gun is loaded if it does not belong to you. If the gun belonged to another person and they lied to you that it was unloaded, you are not guilty of negligent discharge for firing that gun.
There Was No Risk of Harm
Prosecutors file charges in cases where the negligent discharge of a gun poses a risk of harm or death. If no such threat exists in your case, your lawyer can fight for a dismissal.
For example, firing a gun in a crowded space poses a risk of physical harm or death. But that risk is minimal if you fire a weapon in a deserted street. A skilled criminal lawyer can argue that your actions did not present an actual threat of another person losing their life or sustaining an injury.
Remember that the district attorney must prove all case elements for the jury to deliver a guilty verdict. For example, they must demonstrate the degree of risk your action posed at the time. This mainly depends on the crime scene and the number of people present when you commit the crime. An intelligent criminal lawyer will quickly find loopholes to weaken the prosecutor’s case. If they do it successfully, the court can dismiss your charges.
Negligent Discharge and Related Offenses
Some offenses under the law are closely related to negligent discharge. They include the following:
Shooting an Inhabited or Occupied Dwelling or Car
According to PC 246, it is a felony offense to knowingly fire a gun at an occupied building, an inhabited house, or an occupied vehicle. The offense is punishable by a maximum of one year behind bars under the state’s realignment program or up to seven years in prison in cases of death or significant bodily injury.
PC 246 is a more severe offense than negligent discharge. Criminal lawyers often fight for a charge reduction from PC 246 to 246.3, where prosecutors have compelling evidence against their clients.
Brandishing a Firearm
According to PC 417, it is unlawful for anyone to angrily or in a threatening manner exhibit or draw a dangerous weapon, like a gun. In most cases, this happens during quarrels or fights. The offense is mainly a misdemeanor, punishable by a maximum of six months in jail.
You can face separate charges under PC 417 and PC 246.3 for brandishing a firearm and negligent discharge. For example, if you argue with someone, angrily pull out a firearm, and then fire a few shots to scare them, the prosecutor will file two separate charges against you. Based on the facts of your case, the judge can sentence you to the offense with the most severe penalties of the two.
Find a Competent Criminal Lawyer Near Me
Do you or someone you love face negligent discharge charges in Bakersfield?
You could benefit from a skilled criminal lawyer's help, support, and guidance to successfully navigate the complex legal process. A lawyer will also help you understand your charges, options, and fighting strategies. Negligent discharge is a serious offense with severe penalties and consequences for those convicted. That is why you must carefully select a criminal lawyer to work with.
At California Criminal Lawyer Group, we have the skills and experience you need to fight for the most favorable outcome for your case. From our experience handling all gun-related cases, we can select the best defense strategies for your case. Call us at 661-750-8230 to discuss our services and your case further.
