At a friend’s gathering, someone hands you a gun out of curiosity or maybe just for fun. A sudden move—a finger slip—and suddenly, there’s a shot. Or maybe you are cleaning your firearm in your garage and you forgot that the gun was still loaded. What seemed like a minor mishap has put you at the center of a serious legal situation.
Understanding how California law handles the negligent discharge of a firearm can make all the difference in determining your next steps.
What Does California Law Say About Negligent Discharge of a Firearm?
California has zero tolerance for careless firearms handling in public or private spaces. Under California Penal Code section 246.3, the negligent discharge of a firearm is defined as willfully firing a gun in a way that demonstrates gross negligence, meaning the act shows a blatant disregard for safety.
The term “willfully” here does not mean intent to harm; rather, it means acting with a disregard for safety that puts others at risk. Importantly, this does not mean you intended to hurt anyone. Even if the firearm went off by accident in a public place or a setting where others were around, California law still considers this an act of criminal negligence.
It should be noted that the law also includes BB guns and pellet guns, not just standard firearms. So, what may seem like harmless fun can lead to significant criminal charges.
Negligent Discharge Penalties: What’s at Stake?
Negligent discharge consequences can be severe, depending on the specific circumstances and location of the incident. This crime is considered a “wobbler,” meaning it can be charged as a misdemeanor or a felony. Misdemeanor convictions can result in up to one year in county jail, while felony charges can result in as much as three years in state prison.
In addition to jail or prison time, penalties may include:
- Up to $10,000 in fines,
- Community service, or
- Probation.
A felony conviction would strip you of certain civil rights, including the right to possess firearms—a significant consequence, especially if hunting or shooting sports are a part of your life. A misdemeanor conviction requires you to lose your right to possess firearms for ten years in California.
Accidental Discharge of a Firearm: Is There a Difference?
While it is easy to assume that any discharge was accidental, accidental discharge of a firearm and negligent discharge are distinct concepts in California law. Accidental discharge means the gun went off without your intention, perhaps due to a mechanical failure or other uncontrollable circumstances.
For example, if the firearm discharged because of a malfunction while you were handling it responsibly, this may support an accidental discharge defense. However, authorities may still pursue charges if they believe you acted recklessly, so it is critical to work with a skilled criminal defense attorney to clarify these nuances in your case.
How Charges for Negligent Discharge Are Handled in California
Once you are facing charges, the California criminal justice system follows a structured process. Here’s what to expect:
- Arraignment. You will attend an initial court hearing where the charges are formally presented. You will have the opportunity to enter a plea of guilty, not guilty, or no contest, although most people plead not guilty at this very early stage of the process.
- Pre-trial motions and discovery. During this phase, your attorney will investigate the circumstances, gather evidence, and potentially file motions to suppress or reduce charges based on case details.
- Negotiations and trial. Some cases are resolved through plea deals, where your attorney negotiates a reduction of charges or an advantageous deal in exchange for a plea. You may proceed to trial if negotiations do not yield a satisfactory outcome.
The assistance of a defense attorney is vital at each stage to ensure your rights are protected and your case receives the full attention it deserves. And if your case does proceed to trial, a skilled trial advocate can be your best chance at a positive outcome.
Importance of Legal Representation in Negligent Discharge Cases
With an experienced attorney, you gain a powerful advocate who knows California’s firearm laws inside and out. A skilled criminal defense lawyer will scrutinize evidence, challenge weak points, and negotiate with prosecutors to reduce charges whenever possible. In some instances, an attorney can even seek to have charges dismissed entirely, protecting you from a criminal record and its lasting consequences.
Defenses to Negligent Discharge Charges
A defense attorney can use several strategies to fight negligent discharge charges, depending on the facts and evidence.
- Lack of intent. Your attorney may argue that you had no intention to fire the weapon recklessly or dangerously. This applies if you believe the gun was not loaded.
- Mistaken identity. In cases with multiple people involved, mistaken identity could be a strong defense if there is no solid proof you were the one who fired the weapon.
- Pure accident. If the discharge was due to a firearm malfunction or other unintended cause without negligence on your part, it may be possible to have charges dismissed or reduced.
Each case is unique, so it is essential to have an attorney who can develop a tailored strategy and provide the legal knowledge necessary to present your case effectively.
For a free legal consultation, call 619-234-2300 or contact us online
Protect Your Future
If you are facing negligent discharge charges, you need an advocate who understands how a single moment can change everything. At The Law Offices of Kerry L. Armstrong, APLC, we believe everyone deserves a compassionate, personalized defense. Our team does not just see you as another case; rather, we take the time to understand your side and defend your rights.
Take control of your defense. Contact us today, and let us guide you through this challenging time.
Where You Can Find Our San Diego Office
FAQS
Can Negligent Discharge Charges Be Dismissed from My Record in California?
Yes, under certain circumstances, a negligent discharge conviction may be eligible for a dismissal pursuant to Penal Code section 1203.4, especially if the defendant never violated probation. An attorney can guide you through the dismissal process and help clear your record when possible.
Is It Possible to Reduce Negligent Discharge Charges to a Misdemeanor?
Depending on the case’s specifics, a skilled attorney may help reduce felony charges to misdemeanors, leading to lesser penalties.
Does Negligent Discharge Always Result in Jail Time?
Not always. Penalties depend on the severity of the case and whether the defendant has prior convictions. First-time offenders or those who prove a lack of intent may receive probation or other alternatives.
What If the Discharge Was Truly Accidental and No One Was Hurt?
California’s laws require prosecutors to prove recklessness or negligence, so an attorney could argue for reduced charges or a dismissal if no risk was posed.
Could a Negligent Discharge Charge Stay on My Record for Good?
If charged as a felony, convictions can result in a lasting record. However, some cases may qualify for expungement with legal help.
Resources:
- CALCRIM No. 970. Shooting Firearm or BB Device in Grossly Negligent Manner. Judicial Council of California Criminal Jury Instructions. Link
- Overview of Key California Firearms Laws. California Office of Attorney General, link
Kerry L. Armstrong
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