Facing allegations of shooting at an unoccupied vehicle or building under California Penal Code 247(b) can be overwhelming. This is a serious felony firearms charge that prosecutors in Los Angeles County treat aggressively. The law makes it a crime to willfully fire a gun at a vehicle, home, or structure when no one is inside — and it applies whether or not you caused damage or believed the property was abandoned.
A conviction for this offense can mean up to three years in state prison, heavy fines, the loss of your gun rights, and a felony record that can affect your future employment, housing, and professional licensing. For non-citizens, it can also trigger severe immigration consequences. Even first-time offenders can face long-term repercussions, especially if the case involves related charges like vandalism, illegal discharge of a firearm, or possession of a prohibited weapon.
At The Law Offices of Arash Hashemi, we know that many PC 247(b) cases involve misunderstandings, mistaken identity, or weak evidence. You may have been near the scene but not the shooter, or the alleged “target” may not legally qualify as a vehicle or building under the statute. With over 20 years of criminal defense experience, our Los Angeles criminal defense attorney works quickly to investigate the facts, challenge the prosecution’s case, and fight for the best possible outcome — whether through dismissal, reduction of charges, or an acquittal. Contact us today for a free, confidential consultation.
What Conduct Can Lead to a PC 247(b) Charge?
Several types of actions can result in charges under Penal Code 247(b). While the law focuses specifically on unoccupied vehicles and structures, the prosecution must also prove the shooting was willful and malicious — meaning it was intentional and done with the purpose of causing damage, disturbance, or harm.
Common examples include:
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Firing a gun at a parked, empty car
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Shooting at a closed, unoccupied house or business
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Discharging a firearm at an empty garage, warehouse, or shed
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Target shooting at abandoned or vacant property without permission
The vehicle or building must be completely unoccupied at the time of the incident. Even if you believed it was empty, prosecutors may still try to argue otherwise if there is evidence suggesting someone could have been inside.
Penalties for Shooting at an Unoccupied Vehicle or Building (PC 247(b))
A violation of Penal Code 247(b) is a serious firearms offense in California. While it is most often charged as a felony, it is considered a “wobbler,” meaning prosecutors may choose to file it as a misdemeanor in limited situations — typically based on the facts of the case and your criminal history.
If convicted, the potential consequences include:
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Felony – 16 months, 2 years, or 3 years in state prison
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Misdemeanor – Up to 1 year in county jail
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Felony or misdemeanor probation
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Substantial court fines
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A permanent criminal record (felony convictions can severely impact your future)
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Loss of firearm rights and mandatory forfeiture of the weapon involved
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Immigration consequences for non-citizens, including deportation or denial of naturalization
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Barriers to employment, housing, and professional licensing
Because prosecutors and judges in Los Angeles County treat firearm-related crimes aggressively, even a first-time offender can face harsh penalties. Having an experienced defense attorney involved early can make the difference between state prison and a reduced or dismissed charge.
Legal Defenses to PC 247(b) Charges
If you’ve been accused of shooting at an unoccupied vehicle or building under Penal Code § 247(b), our Los Angeles criminal defense attorney will thoroughly review the facts and develop a strategy aimed at reducing or dismissing the charges. Depending on the circumstances, we may be able to argue one or more of the following defenses:
The shooting was accidental, not willful or malicious
To be convicted under PC 247(b), the prosecution must prove you acted willfully and with malice. If the discharge happened accidentally — for example, due to a firearm malfunction or negligent handling without intent — the necessary criminal intent is missing.
The vehicle or building was not actually unoccupied
PC 247(b) applies only to unoccupied structures or vehicles. If someone was inside at the time, a different statute (PC 246) may apply — but in some cases, proving occupancy can show that the prosecution filed under the wrong law, potentially weakening their case.
False accusation or mistaken identity
Witnesses can be wrong, and accusations can be motivated by personal disputes or ulterior motives. We work to challenge witness credibility, uncover inconsistencies, and establish that you were not the person responsible for the shooting.
No evidence you discharged a firearm
The prosecution must prove beyond a reasonable doubt that you actually fired the gun. If there is no reliable physical evidence — such as ballistics, gunshot residue, or credible eyewitness accounts — the case may fall apart.
Illegal search and seizure
If police violated your Fourth Amendment rights by conducting an unlawful search of your home, vehicle, or property, any evidence obtained may be excluded from court. Without this evidence, the prosecution may have no case to pursue.
At The Law Offices of Arash Hashemi, we investigate every detail — from forensic testing to police procedures — to identify weaknesses in the state’s case and fight for the best possible result, whether through dismissal, charge reduction, or a favorable plea deal.
Speak With a Los Angeles Firearms Defense Attorney Today
Attorney Arash Hashemi has over 20 years of experience defending clients against serious firearm-related charges, including allegations of shooting at an unoccupied vehicle or building under Penal Code 247(b). He understands how prosecutors build these cases, the evidence they rely on, and the importance of challenging every detail — from ballistics analysis to witness credibility and the legality of the search or seizure.
A conviction for shooting at an unoccupied vehicle or building can lead to years in state prison, a permanent criminal record, and the loss of your gun rights. Early, aggressive legal representation can uncover defenses such as lack of intent, misidentification, or unlawful police conduct that may lead to reduced charges or even dismissal.
Our goal is to protect your freedom, your record, and your future. Contact our office today to schedule a free, confidential case review with our criminal defense attorney and learn how we can begin building your defense.
The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
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