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PC 246.3 Willful discharge of a firearm with gross negligence

 

 

 

 

 

 

 

 

 

  

HAVE YOU BEEN CHARGED WITH PC 246.3?

If so, I can help you fight these charges. I have almost 20 years of experience exclusively in Criminal Defense and I know how to defend those accused of committing PC 246.3, also known as willful discharge of a firearm with gross negligence.


What does the district attorney have to prove for PC 246.3:

  • That YOU discharged a firearm;
  • That YOU discharged a firearm in a grossly negligent manner;
  • That YOUR conduct could result in injury or death to a person.

This allegation could be charged as a Misdemeanor (from Probation including up to 1 year in county jail) OR as a Felony (from Probation up to 16 months/2 years/3 years State Prison). As a Felony this is a "Strike" offense (Serious) under the Three-Strikes Law. PC 1192.7(c)(8) & (23); PC 1170.12 if personal use of a firearm was plead and proven.


California Penal Code section 246.3 states:

 (a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Except as otherwise authorized by law, any person who willfully discharges a BB device in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year.
(c) As used in this section, “BB device” means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action.
(Amended by Stats. 2011, Ch. 15, Sec. 300. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

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