Exercising gun rights demands responsible conduct to avoid legal repercussions. Negligent or irresponsible firearm use in California can lead to various charges, including a violation of Penal Code 246.3. This statute explicitly addresses the negligent discharge of firearms. It prohibits individuals from willfully discharging a gun in a grossly negligent manner. This behavior significantly increases the risk of bodily harm or death for others.

Due to the strict gun laws in California, it is no surprise that prosecutors aggressively seek convictions for firearm offenses. You thus need an equally aggressive attorney to fight the charges. Fresno attorneys at California Criminal Lawyer Group are ready to help.

Negligent Discharge Of a Firearm as Addressed Under California Law

According to Penal Code 246.3, negligent discharge of a firearm occurs when someone intentionally fires a gun in an extremely careless way. The law explicitly states that this conduct must carry a substantial risk of causing injury or death to someone else.

Therefore, from this definition, prosecutors must prove the following elements of the crime:

  • You intentionally discharged the firearm — That means it was not an accident.
  • The firearm was discharged in a grossly negligent manner, way beyond what is considered reasonable.
  • Your grossly negligent action presented a substantial risk of causing injury or death to another person — This highlights the potential harm resulting from your specific actions.

Let us look at the elements in more detail.

Intentional Discharge of a Firearm

Intentional firearm discharge occurs when you purposefully and consciously decide to fire the gun. This implies that your pulling the trigger was not accidental but a deliberate choice.

Establishing intent is crucial in cases involving the intentional discharge of a firearm, as it distinguishes actions that are willful from those that could be accidental or involuntary. The courts will consider factors such as:

  • Your behavior, statements, and
  • The circumstances surrounding the incident to determine if the discharge was intentional.

If you accidentally discharge a firearm, genuinely believing it to be unloaded, you will not be deemed guilty, as the requisite intent for the crime is lacking. You, however, must demonstrate the accidental nature of the discharge and the absence of any deliberate intention to fire the gun. This assertion is one of the defenses you can use to challenge the charges.

Gross Negligence

Your actions are considered grossly negligent when they exhibit a severe and conscious disregard for the safety of others, surpassing ordinary carelessness or oversight.

Gross negligence denotes heightened recklessness. It demonstrates an indifference to potential consequences. Proving gross negligence involves showing that your behavior significantly increased the risk of harm and that you were aware, or should have been aware, of the potential dangers associated with your actions.

When assessing gross negligence, the risk of harm is the potential for death or great bodily injury. For context, great bodily injury or harm means a substantial physical injury surpassing minor or moderate harm. It includes injuries causing severe pain, long-term health issues, or necessitating extensive medical treatment.

Firearm or a BB Device

The discharge of firearms involves firearms that use gunpowder or other explosive materials to propel a projectile.

A firearm is a portable weapon designed for individual use. It can expel one or more projectiles through the force of rapidly expanding gasses generated by chemical reactions within the gun. Firearms can either be handguns or long guns. Handguns, like pistols and revolvers, are intended for one-handed use, while long guns, including shotguns and rifles, are designed to be fired from the shoulder.

On the other hand, a BB device is an air gun or airsoft gun that uses compressed air, gas, or spring action to propel small spherical projectiles, or BBs. These devices are commonly used for recreational purposes, particularly target shooting or airsoft sports. BB guns could resemble traditional firearms but are specifically designed to discharge non-lethal projectiles.

While BB guns are generally intended for recreational purposes and are considered less lethal than conventional firearms, they still possess the potential to cause harm. Injuries associated with BB devices can range from minor bruising to more severe injuries. The risk of significant harm increases when higher-velocity devices are used or proximity is a factor.

The Potential of Your Actions Resulting in Harm or Death

In a negligent discharge of a firearm case, the potential for harm or death resulting from your actions is a critical factor in determining the gravity of the offense. The focus is on the potential for harm rather than the likelihood of harm. Even if the probability of injury or death is low, the emphasis remains that the actions created a substantial and foreseeable risk.

Consequently, you can be found guilty of this offense if your actions exhibited a grossly negligent disregard for the safety of others, establishing the potential, even if highly improbable, for injury or death. The key lies in acknowledging that the conduct created a genuine and foreseeable risk, irrespective of the actual probability of harm.

Examples of these actions include:

  • Shooting into the air — Discharging a firearm into the air, especially in populated areas, carries the potential risk of harm, as bullets could descend and cause injury. While the likelihood of direct harm from a falling bullet is low, the inherent risk remains.
  • Shooting close to others — Carelessly discharging a firearm near others, even without direct aiming, introduces the potential for injury. Whether through a ricochet or miscalculated bullet trajectory, harm could occur, although the probability is low.
  • Firing a warning shot — Discharging a firearm as a warning, especially in the vicinity of individuals, could not be intended to harm directly but still holds potential risks if the warning shot is uncontrolled or if the bullet deviates from the intended path.

Fighting Negligent Discharge Of a Firearm Charges

With the assistance of a criminal defense attorney, you can challenge the charges brought against you. After thoroughly evaluating your case, your attorney will devise an appropriate defense strategy tailored to the specific circumstances. He/she will scrutinize the evidence and use the findings to determine the appropriate defense. Throughout the legal process, your attorney will work diligently to protect your rights and explore all available avenues to secure the best possible outcome for your case.

Some defenses your attorney could use include:

  1. Lack of Intent

You can argue that you lacked the intent required in the case as your defense. Your attorney will emphasize that the firearm discharge was not intentional or willful. This defense is suitable when the discharge occurred accidentally, without any deliberate actions on your part. The core argument is the absence of a conscious decision to engage in behavior leading to negligent discharge.

To support this defense, consider presenting any of the following evidence:

  • Statements from those present during the incident confirming the accidental nature of the discharge are valuable.
  • Testimony from firearms experts or forensic specialists offering a professional analysis of the circumstances. They can opine on the accidental nature of the discharge.
  • If available, video recordings or surveillance footage capturing the incident. The footage will illustrate the unintentional aspect of the discharge.
  • Examining the firearm, including safety features, maintenance records, and potential malfunctions. It can provide insights into the unintentional nature of the discharge.
  • The statements you made immediately after the incident, expressing surprise, regret, or acknowledgment of the accidental discharge, can be crucial.

  1. You Acted in Self-defense or Defense of Others

If you acted in self-defense or defense of others, you could use your actions as a defense. Self-defense requires using appropriate force to shield yourself from an immediate threat of harm. Similarly, defending others involves using force to protect another individual from an immediate threat.

To establish a successful defense grounded in self-defense or the defense of others, you must demonstrate:

  • There existed an immediate and credible threat of harm to yourself or others.
  • You reasonably believed using force was necessary to safeguard against the threat.
  • The force applied was proportionate to the perceived threat.

These defenses are contingent on specific facts, and the efficacy of this defense hinges on the nuanced details of the situation. For example, this defense could apply if you shot in the air to disperse a crowd charging angrily toward you.

  1. Mistaken Belief in Unloaded Firearm

If you find yourself in a situation where you discharged a firearm, genuinely believing it was unloaded, you can rely on this defense to challenge the charges. This defense centers on the argument that, during the discharge, you honestly thought the firearm was not loaded. This could stem from a sincere mistake rather than negligence.

To support this defense, you want to present evidence emphasizing your mistaken belief:

  • Your firearm handling practices — Showcase your responsible firearm handling practices leading up to the incident. Highlight your consistent commitment to safety measures.
  • Your training and education — Provide evidence of any formal training or education in firearm safety, underscoring your dedication to responsible gun ownership.
  • Witness testimonies — Statements from individuals who can vouch for your usual cautious approach to handling firearms, strengthening the argument that the discharge was an unintended mistake.
  • Circumstantial evidence — Any additional circumstances or details surrounding the incident that support the idea of a genuine mistake rather than intentional misconduct.

Bear in mind that prosecutors must demonstrate willful action beyond a reasonable doubt. Leveraging this defense introduces reasonable doubt, shifting the burden in your favor.

  1. The Gun or BB Device Was Faulty

Firearms and BB guns are not immune to faults. If you can demonstrate that the discharge of the firearm or BB device resulted from a fault or defect in the equipment, you have a valid defense.

Guns and BB devices, like any mechanical objects, are susceptible to faults, malfunctions, or defects. If you can provide evidence that the discharge was not intentional or due to your negligence but rather a result of a mechanical failure, it strengthens your defense.

You could consider presenting the following to support this defense:

  • Expert testimony — Statements from firearms experts or professionals who can analyze the equipment and testify to any faults or defects.
  • Manufacturer information — Documentation or recalls regarding known issues or defects with the specific firearm or BB device model.
  • Maintenance records — If applicable, records demonstrating regular maintenance and care for the equipment, showing it was in proper working condition.
  • Eyewitness accounts — Statements from individuals who observed the incident and can confirm the unexpected nature of the discharge due to equipment malfunction.

You can strengthen your defense by highlighting the equipment's susceptibility to faults and providing evidence of the specific issue. Your attorney will show that the discharge was beyond your control and not a result of intentional actions or negligence.

  1. You Did Not Pose Any Danger to Anyone

It becomes a pivotal element in your defense if you can demonstrate that there was no actual danger of death or injury resulting from the negligent discharge. This argument asserts that there was no tangible risk to human life or well-being, notwithstanding the discharge itself.

The following are some of the supporting evidence used while asserting this defense:

  • Location and surroundings — Provide specific details about where the discharge occurred, emphasizing factors that mitigated the risk to others.
  • Distance from individuals — Emphasize the considerable distance between the discharge point and any individuals, illustrating the lack of immediate danger.
  • Bullet trajectory analysis — If applicable, analyze the projectile's trajectory to demonstrate that it did not pose a credible threat.
  • Eyewitness testimonies — Gather statements from witnesses affirming the absence of actual danger during the incident.
  • Absence of injuries or damage — Highlight any lack of injuries or damage resulting from the discharge. This underscores your argument that no substantial danger existed.

  1. You are a Victim of False Accusation

Without solid evidence, your negligent firearm discharge accusations could be a clash of statements, creating a classic he-said-she-said scenario. This opens up a clear chance for false accusations against you. False claims could stem from misunderstandings or personal clashes. In some instances, downright malicious intent.

Being falsely accused is a genuine concern here. While using this defense, your attorney could dig into the credibility of witnesses, establish alibi evidence, and present the potential motives behind these accusations.

Remember that the basic principle is that you are presumed innocent until proven guilty, and the burden of proof squarely falls on the prosecution. If the evidence is lacking, it introduces serious doubt about the validity of the accusations against you.

Penalties Following a Conviction for Negligently Discharging a Firearm

A Penal Code 243.6 violation is a wobbler offense. Fresno prosecutors could pursue misdemeanor or felony charges after considering:

  • The facts of your case and
  • Your criminal history.

Though they exercise discretion when deciding on what charges to pursue, you will likely face felony charges if the facts of your case are grave or you have a prior conviction.

However, if your case involves the use of a BB device, you will face misdemeanor violation charges.

If convicted of a misdemeanor violation, you will face the following penalties:

  • A maximum of one year in jail.
  • Up to $1,000 in fines or both.
  • Summary or misdemeanor probation as an alternative to imprisonment.

If convicted of a felony violation, you will face the following penalties:

  • 16 months, two or three years in jail.
  • Up to $10,000 in fines or both.
  • Formal or felony probation as an alternative to imprisonment.

Note: Most felony convictions result in a prison sentence. However, California's realignment program, implemented in 2011, shifted sentencing practices, particularly in favor of jail terms over imprisonment. The initiative aimed to alleviate prison overcrowding by redirecting certain non-violent, non-serious offenses from state prisons to county jails.

As a result, individuals convicted of lower-level offenses now often serve their sentences in county jails instead of being sent to state prisons.

Sentencing Enhancements

If a negligent firearm discharge happens in connection with gang-related activities and leads to charges under Penal Code 246.3, the potential punishments outlined in Penal Code 186.22 would be added to your sentence. The penalties depend on the circumstances of your case:

  1. You are an Active Participant in a Criminal Street Gang

  • A jail sentence of up to one year or
  • A prison sentence of 16 months, two, or three years.

  1. You Committed a Felony for the Benefit of a Gang

You will face extra prison time based on the felony upon conviction. The penalties include the following:

  • Two, three, or four years.
  • Five years for serious felonies.
  • Ten years for violent felonies.

  1. Sentence Enhancements and Aggravating Circumstances

Your actions become an aggravating factor if you commit the offenses (negligent discharge of a gun and any other felony) near school grounds. You will receive added punishment for that.

Additionally, you will receive a minimum of 180 days of jail time for probation or suspended sentences.

  1. Public Offense Committed for the Benefit of a Gang

  • County jail time up to one year or
  • State prison time for one, two, or three years.

These penalties are likely to apply if the court establishes a pattern of criminal gang activity. Per the statute, a pattern is an activity involving two or more offenses. However, one of the crimes should have occurred within three years of prior and current offenses.

Penalties Per California’s Three Strikes Law

If you have a prior serious or violent felony conviction, a new felony conviction for negligent discharge of a firearm in California can be deemed a strike under the state's Three Strikes law.

If convicted of negligently discharging a firearm as a felony with a qualifying prior conviction, it would constitute a second strike. A second strike means that the mandatory minimum sentence for a new felony conviction is doubled.

A third strike could lead to a 25-year-to-life sentence for the current conviction.

Offenses Related to Negligently Discharging a Firearm

Shooting at an Inhabited Dwelling or Occupied Vehicle

Penal Code 246 addresses shooting at an inhabited dwelling or occupied vehicle. This law explicitly forbids firing a gun at a location where people live or inside a currently used vehicle. The crucial elements involve deliberately discharging a firearm towards an inhabited dwelling or a car in use.

If you are charged under Penal Code 246, the prosecution must prove specific elements for a conviction:

  • Your act of firing the gun must be deliberate.
  • The gunfire must be aimed at people's residences or inside a vehicle currently being used.

Penalties for Shooting at an Inhabited Dwelling or Occupied Vehicle

A PC 246 is a felony offense punishable by the following penalties:

  • Six months to one year in jail or
  • Three, five, or seven years in prison.
  • Up to $10,000 in fines or both.
  • Formal or felony probation as an alternative to imprisonment.

If you discharge a firearm at an inhabited dwelling or an occupied vehicle while committing another felony in California, you could be subject to the "10-20-life 'use a gun and you're done'" law. This law imposes additional penalties for using firearms during certain felonies.

The enhanced penalties include:

  • Ten years if you use a firearm during a felony.
  • Twenty years if you discharge the firearm, regardless of injuries.
  • Twenty-five years to life if you cause great bodily injury or death by discharging the firearm.

These enhancements are applied on top of the penalties for the underlying felony.

Engage a Criminal Defense Attorney Near Me

California's stringent gun laws come with substantial penalties. A conviction for negligently discharging a firearm carries significant consequences. It is best to seek the assistance of a criminal defense attorney with specific expertise in California's firearm laws. Assistance from an experienced attorney increases your chances of successfully combating these charges. Their knowledge of the legal intricacies, potential defenses, and overall legal landscape can greatly enhance your ability to achieve a favorable outcome.

If you are facing charges related to negligently discharging a firearm in Fresno, consult with the California Criminal Lawyer Group. We will work to protect your rights and devise a winning strategy. Contact us at 559-712-8377 for further assistance.