Discharging a firearm in a careless or reckless manner can lead to serious criminal charges in Los Angeles, California — even if no one was injured. If you have been charged with this offense, it’s important to take action right away. An experienced Los Angeles weapons charges lawyer from William S. Kroger can help you protect your rights and defend yourself. Call today for a confidential consultation.
Our legal team has decades of experience handling complex weapons charges across Los Angeles County. We can help you get a fair result in your case and ensure that overzealous prosecutors don’t carry the day. Call us today for a confidential consultation.
Why Choose William S. Kroger to Handle My Weapons Charge?
Negligent discharge of a firearm may sound harmless, but prosecutors take it seriously and often try to connect it to other gun offenses. You need representation from a Los Angeles criminal defense attorney who can fight back when prosecutors overcharge or exaggerate the circumstances of the offense.
Clients in Los Angeles, CA, trust William S. Kroger because
- We have decades of combined experience defending serious gun charges in Los Angeles.
- We only practice criminal defense and do not take on civil cases.
- We’ve defended thousands of clients and fought over 400 different types of state and federal charges.
- We have a history of securing dismissals, not-guilty verdicts, and reduced charges.
- We provide personalized representation throughout your case.
We understand that an arrest does not equal a conviction. We make sure prosecutors understand that, too. Call our Los Angeles weapons charges attorneys for help.
What is Negligent Discharge of a Firearm?
Under California Penal Code § 246.3, it is generally illegal to discharge a firearm in a grossly negligent manner that could result in injury or death to another person.
To secure a conviction, prosecutors typically must prove that:
- You intentionally fired a firearm
- Your discharged the weapon with gross negligence
- The conduct created a risk of injury or death to another person
However, prosecutors do not need to prove that someone was actually injured. The gunshot and alleged risk alone may be enough for criminal charges.
Examples of situations that may lead to negligent discharge allegations include:
- Firing a gun into the air during celebrations
- Recklessly handling a loaded firearm
- Discharging a firearm in a residential neighborhood
- Accidentally firing a weapon while handling it carelessly
- Shooting near occupied buildings or vehicles
Not every firearm discharge qualifies as negligent criminal conduct. Lawful self-defense or accidental firings do not generally trigger criminal charges. In the examples above, the key issue is whether the shot was fired willfully, with gross negligence, and placed others at risk of injury
What Are the Penalties for a Negligent Discharge Offense?
Negligent discharge of a firearm is generally charged as a felony offense in California, although certain cases may be prosecuted as misdemeanors depending on the facts and the defendant’s criminal history.
A felony conviction may carry:
- Up to one year for offenses involving a BB gun
- 16 months, 2 years, or 3 years incarceration
- Formal probation in limited cases
- Long-term loss of firearm rights
Certain aggravating circumstances can also increase the seriousness of the offense, including:
- Prior felony or firearm-related convictions
- Allegations involving gang activity
- Discharge causing bodily injury
- Use of the firearm near occupied homes or vehicles
- Possession of an illegal or stolen firearm
In some cases, prosecutors may also file additional charges related to the discharge, including, but not limited to, assault, illegal firearm possession, or carrying a loaded weapon. These charges can increase the range of penalties that apply.
Defenses to Negligent Discharge of a Firearm Allegations
Every negligent discharge case is unique; several legal defenses may apply depending on the facts surrounding the incident. Prosecutors must prove you discharged the firearm willfully and with gross negligence that created a risk of injury or death to another person.
You may have a strong defense to those charges if:
- The firearm discharge was accidental and not the result of criminal negligence
- You acted lawfully in self-defense or defense of others
- The prosecution cannot prove you intentionally fired the weapon
- The alleged conduct did not create a substantial risk of injury or death
- The firearm malfunctioned or discharged unintentionally
Importantly, the prosecution must prove its case beyond a reasonable doubt, which is the highest burden of proof in the legal system.
An experienced criminal defense attorney can evaluate the evidence and assert all defenses that apply in your case.
How A Criminal Defense Attorney Can Help You
In many firearm cases, early involvement of an attorney is critical to defending your rights. A defense attorney may help by:
- Reviewing whether law enforcement violated your constitutional rights
- Examining whether the firearm discharge was truly negligent
- Investigating claims of self-defense or lawful conduct
- Reviewing forensic and ballistic evidence
- Negotiating with prosecutors for reduced charges or alternative resolutions
- Seeking dismissal or suppression of unlawfully obtained evidence
- Preparing a strong defense strategy for trial if necessary
Your attorney can help you tell your side of the story and ensure your rights aren’t trampled merely because a gun was fired.
Contact Our Los Angeles Negligent Discharge of a Firearm Lawyers for Help
If you have been arrested or are under investigation for negligent discharge of a firearm, you should seek legal representation immediately. Firearm offenses in Los Angeles are usually felonies, and you don’t want to end up on the wrong side of the case and criminal justice system.
William S. Kroger can help you defend your rights and challenge the prosecution’s case against you. We have decades of experience and resources that can match whatever the state throws at you. We’re here to help get you a fair result.
Contact us today to schedule a confidential consultation to learn more about your rights.