SHOOTING A FIREARM IN GROSSLY NEGLIGENT MANNER

Shooting firearm in grossly negligent manner

Under California Penal Code 246.3 PC, shooting a firearm in grossly negligent manner is defined as the willful act of firing of a gun in a grossly negligent manner that can result in death or injury to a person.
Below, we will introduce you the description of crime of shooting firearm in grossly negligent manner. In the resources of our site you can find detailed information about different kind of firearm offenses in California.

1. Definition of Shooting in Grossly Negligent Manner
2. Elements of the Crime
3. Defenses to Accusation of Shooting a Firearm in Grossly Negligent Manner
4. Penalties under California Penal Code Section 246.3
5. Related articles

In addition, we are ready to provide answers to your initial questions concerning firearm charges in California for free.

1. Definition of Shooting in Grossly Negligent Manner
Grossly negligent manner is considered to be an act in a reckless way which:
– Can result in death or great bodily injury;
– Demonstrates an indifference to human life or the consequences;
– A reasonable person would have recognized that acting in that way would create such a risk.

2. What Must Be Proven in Order to Find the Defendant Guilty?
In order to prove that the defendant is guilty of this crime, the prosecution must prove that:
1. The defendant intentionally shot a firearm;
2. The defendant did the shooting with gross negligence;
3. The shooting could have resulted in the injury or death of a person;
4. The defendant did not act in self-defense or in defense of someone else.

3. Defenses to Accusation of Shooting a Firearm in Grossly Negligent Manner
The crime stated under California Penal Code 246.3 PC is a “wobbler”. Thus it can result in harsh penalties for the defendant. Nonetheless, a professional and experienced attorney can use a grand variety of defenses in order to defend your legal interests. For example, the following defenses can be used:

1. Self-defense/defense of another;
2. The defendant did not be aware that the gun was loaded;/Lack of knowledge
3. State of insanity
4. California entrapment
5. Etc.

4. What Penalties Can I Face under California Penal Code 246.3 PC?
In California, the crime of shooting firearm in grossly negligent manner can be charged whether as a misdemeanor or felony. In order to decide the charge, the following facts are taken into consideration:
– The criminal history of the defendant
– The specific circumstances of the offense.

Misdemeanor Conviction can result in the following penalties:
– up to one year in a county jail;
– a fine of $1,000.00;
– or both.

Felony Conviction under California Penal Code 246.3 can result in:
– sixteen (16) months or, two (2) or three (3)years in state prison;
– A fine of $1,000.00;
– Or both.

Additionally, the convicted loses the right to own or possess any firearm. A misdemeanor conviction prohibits from owning a firearm for 10 years, a felony conviction does not allow to own a firearm for life.

Moreover, is should be noted that shooting in a gross negligent manner or gross negligent discharge of a firearm are considered to be a “strike” under California law. Consequently, If convicted twice for felony, the punishment will be doubles, and the convicted can face a mandatory 25 years to the life sentence.

 

Have you faced such charges?

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. Each defense will be developed upon the facts of your individual case. Do not hesitate to contact us. You will get your legal assistance as soon as you contact us. We handle every aspect of your case, from the first step to the very last court hearing.

You may file your request online, by telephone or by mail. 818-553-1000

5. Related articles
Firearm Offenses
Gang-Related Firearm Enhancement
Possession of a Firearm without a Permit
Felony Assault with a Deadly Weapon
Possession of Firearm by Person Prohibited Due to Conviction
California’s Law against the Unlicensed Sale of Firearms

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