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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Unlawful Discharge of a Firearm Lawyer

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.

 

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer