How Prosecutors Prove a Negligent Discharge Charge

To convict you under Penal Code 246.3 PC , the prosecution must prove three key elements beyond a reasonable doubt. These elements define what qualifies as negligent discharge of a firearm and distinguish it from lawful or accidental gun use.

You Willfully Discharged a Firearm

The prosecution must show that you intentionally fired a gun. This means the discharge was not accidental or unintentional.

• If the gun went off due to a mechanical malfunction, a misfire, or another unintentional action, you cannot be convicted under this law.
• You also cannot be guilty of negligent discharge if you genuinely believed the firearm was unloaded when you pulled the trigger.

For example, if you were cleaning your gun and it accidentally discharged, this would not meet the legal definition of willful discharge. However, if you intentionally fired a “warning shot” in a public space, the prosecution could argue that the discharge was willful.

You Acted in a Grossly Negligent Manner

Negligent discharge is not just about firing a gun—it also depends on the manner in which it was discharged. The law requires that you acted with gross negligence, meaning your actions were extremely reckless and created a high risk of serious injury or death.

• Ordinary negligence—such as making a careless mistake—is not enough.
• Gross negligence involves acting in a way that any reasonable person would recognize as dangerous.

For example, firing a gun into the air at a crowded party or in a residential neighborhood would likely be considered grossly negligent, as the bullet could strike someone when it comes down. However, firing at a legal gun range or in self-defense would not meet this standard.

The Discharge Could Have Resulted in Injury or Death

Even if no one was actually harmed, the prosecution must prove that the way the gun was fired could have resulted in serious injury or death.

• The key factor is possibility, not probability. The law does not require that someone was likely to be harmed—only that harm could have occurred.
• Prosecutors consider the location and circumstances of the discharge to determine if it posed a danger.

For example, shooting a firearm in an open field with no one around may not meet this standard. However, firing a gun in a parking lot, residential area, or near a school would be considered dangerous enough to support a charge under PC 246.3.

Penalties for Violating California Penal Code 246.3 PC

A conviction for negligent discharge of a firearm can carry severe criminal penalties, depending on whether the charge is prosecuted as a misdemeanor or a felony. The court will consider factors such as the level of risk involved, prior convictions, and whether anyone was injured when determining the appropriate sentence.

Misdemeanor Penalties

If charged as a misdemeanor, a conviction can result in:

• Up to one year in county jail
• A fine of up to $1,000
• Informal probation (summary probation)
• Possible community service or firearm safety courses

Misdemeanor charges are more common in cases where there were no injuries, the discharge occurred in a low-risk area, and no prior firearm-related offenses exist on the defendant’s record.

Felony Penalties

If charged as a felony, a conviction can lead to:

• 16 months, 2 years, or 3 years in state prison
• A fine of up to $10,000
• Formal probation (if granted)
• Lifetime ban on firearm ownership

Felony charges are more likely if the incident occurred in a highly populated area, if there were prior gun-related offenses, or if someone was placed in extreme danger due to the discharge.

Additional Consequences of a Conviction

• A permanent criminal record, affecting job opportunities and housing
• Firearm restrictions, including the loss of your right to own or possess a gun
• Immigration consequences if you are a non-citizen, including deportation
• Increased penalties for future offenses, as gun-related convictions often lead to harsher sentences for any subsequent charges

Sentencing Enhancements for Negligent Discharge of a Firearm

If convicted of negligent discharge of a firearm, your sentence may be significantly increased depending on certain aggravating factors. These enhancements can add years to your prison term and make you ineligible for probation or early release.

One of the most common enhancements applies if the firearm was used in the commission of another felony, such as assault or gang-related activity. Under Penal Code 12022.5, this can result in an additional 3 to 10 years in state prison. If someone suffered serious bodily injury as a result of the shooting, Penal Code 12022.7 allows the court to add 3 to 6 years to your sentence, even if the injury was unintentional.

Gang-related offenses carry even harsher consequences. If prosecutors argue that the discharge was committed to benefit a criminal street gang, Penal Code 186.22 can add up to 10 years to your sentence. In some cases, this can also count as a strike offense under California’s Three Strikes Law, increasing penalties for any future convictions.

If you have prior felony convictions, your sentence may be doubled under California’s Three Strikes Law. A third felony conviction could result in 25 years to life in prison, even if the prior convictions were unrelated to firearm offenses. Additionally, if you were already prohibited from possessing a firearm due to a past conviction, Penal Code 29800 makes it a separate felony offense, adding 16 months, 2 years, or 3 years to your sentence.

Legal Defenses for 246.3 pc – Negligent Discharge of a Firearm

Several defenses may apply depending on the circumstances of your case. The prosecution must prove that you willfully fired a gun and that the discharge created a substantial risk of injury or death. If any of these elements are missing, the charges may not hold up in court.

You Believed the Gun Was Unloaded

This charge requires that you knowingly fired a loaded gun. If you genuinely believed the firearm was unloaded, you did not act with the intent necessary for a conviction. Whether the gun belonged to someone else, had been in storage, or you simply didn’t know it was loaded, your attorney can argue that you lacked the required intent.

You Acted in Self-Defense

Firing a weapon to protect yourself or someone else from immediate danger is not a crime. If you reasonably believed you were about to be attacked and had no other choice, your attorney can argue that your actions were justified. The law allows the use of force to prevent harm, and if self-defense applies, the charges should not stand.

No One Was Actually in Danger

To be convicted, the prosecution must prove that the gunfire put others at risk. If you discharged the firearm in an area where no one was present or in harm’s way, then there was no actual danger. Shooting in an isolated location or on private property with no bystanders may not meet the legal definition of negligent discharge.

False Allegations or Lack of Evidence

In some cases, people are wrongfully accused due to misunderstandings, false reports, or mistaken identity. If there is no direct evidence that you fired the weapon or if the case relies solely on weak witness testimony, your attorney can challenge the credibility of the allegations. If the prosecution cannot prove beyond a reasonable doubt that you fired the gun, the charges should be dismissed.

Unlawful Search and Seizure

If law enforcement obtained evidence illegally—such as conducting an unlawful search or seizing a firearm without a warrant—your attorney can move to have that evidence thrown out. If the prosecution’s case relies on evidence that was improperly obtained, the charges may not hold up in court.

Defend Your Rights – Experienced Los Angeles Firearm Charges Attorney

A negligent discharge of a firearm charge under 246.3 pc can have severe legal consequences, including jail time, hefty fines, and a permanent criminal record. Prosecutors in Los Angeles aggressively pursue firearm-related offenses, especially in cases where they believe reckless gun use endangered public safety. Even if no one was hurt, you could still face felony charges, sentencing enhancements, and long-term restrictions on your firearm rights.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients facing firearm-related criminal charges in California. Attorney Hashemi understands how to challenge weak evidence, unlawful police procedures, and exaggerated claims by the prosecution. Our firm can file motions to suppress evidence, dispute claims of gross negligence, and work to reduce or dismiss charges. We have successfully defended clients in Los Angeles courts by proving that no willful misconduct occurred or that the firearm discharge did not endanger others.

If you are facing negligent discharge of a firearm charges, early legal intervention is critical. A conviction could impact your freedom, employment opportunities, and future firearm rights. Contact our Los Angeles criminal defense attorneytoday for a free consultation to discuss your defense strategy.

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