Call Us Today - It's Free! Text Us
Text Us

When facing gun charges, the prospect of how you could have a court hear your story could become daunting. Fortunately, defense attorneys familiar with constructing defenses for defendants are available to help your case. If you are facing an unlawful discharge of a firearm offense, reach out to a dedicated gun attorney today. Let an Oakland unlawful discharge of a firearm lawyer fight for you.

Unlawful Discharge of a Firearm Penalties

Typically, if someone is visiting a gun range or hunting, he or she is legally able to discharge a firearm because these activities are often regulated to prevent injury or death as opposed to stepping outside of one’s house and shooting a firearm up in the air in a residential neighborhood. Discharging a gun recklessly or negligently that can lead to injury or death of another could result in arrest. Negligent discharge of a firearm could be a felony or misdemeanor offense. If charged as a felony, the penalty for negligent discharge of a firearm is 16 months or two or three years in county jail, up to a $10,000 fine, and a strike on the record. If charged as a misdemeanor, the possible penalty is one year in county jail and a $1,000 fine.

Regardless of if one is facing a misdemeanor or a felony, he or she should seek the services of an unlawful discharge of a firearm lawyer in Oakland.

Unlawfully Discharging a Firearm in a Gun-Free Zone

Under Penal Code section 626.9 school zones have been designated as gun-free zones. Possessing a firearm in a gun-free zone could lead to a felony conviction and up to five years in state prison while discharging a firearm in a gun free school zone is a felony punishable by three, five, or seven years in state prison. For more information about gun-free zones, consult with an Oakland unlawful discharge of a firearm attorney.

Defenses to Unlawfully Discharging a Firearm

Possible defenses to unlawful discharge of a firearm would be that the person who is accused of committing the illegal discharge of a firearm was not actually the person who fired the gun, or what was discharged was not actually a firearm or something that constitutes a firearm under the law. A defendant’s attorney could argue that the discharge of the gun was accidental versus an intentional act. There are a number of defenses, but determining which defenses are appropriate would depend on the circumstances of the case and the charges that have been filed. After reviewing the facts of the case, the lawyer could decide which defense strategies might be appropriate for one’s situation.

Contact an Oakland Unlawful Discharge of a Firearm Attorney

Whether you were overly celebrating, made an honest mistake, or have been charged undeservingly, you may want to consider retaining the services of an experienced attorney. An Oakland unlawful discharge of a firearm lawyer could review and understand your case and then build a defense that could bolster your chances of a favorable outcome in court. Do not waste time; reach out to an attorney today.


Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

Our Team

Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts