Former Judges and Senior District Attorneys - Criminal Defense Attorneys - Chesley David

Avvo SuperB attorney Rating - Criminal Defense Attorneys - Chesley David

Highly-Skilled Team of Attorneys - Criminal Defense Attorneys - Chesley David

Discharging a Firearm

Our Law Firm Has Been Featured on All of the Above Media Outlets

FREE CONSULTATION

Please fill out the form and someone will be in touch with you shortly.

Los Angeles County(213) 341-4427
Sacramento / Sonoma(916) 248-4717
Orange County(714) 442-2601
Alameda / San Joaquin(510) 403-8809
San Bern / Riverside(909) 748-5272
Ventura County(805) 248-7408
San Diego County(619) 752-2235
Fresno / Santa Clara(559) 365-7055
Kern / Santa Barbara(661) 473-0422
Northern California(530) 427-4167

Affordable Rates

Payment Plans

Discharging a Firearm Charges in California: Expert Defense from The Law Offices of David Chesley

If you're facing discharging a firearm charges in California, the stakes couldn't be higher—potential prison time, hefty fines, and a felony record that could derail your career, family life, and future opportunities. These accusations often stem from celebratory gunfire, hunting mishaps, self-defense claims, or heated disputes that escalate quickly under California's stringent gun laws. But an arrest doesn't mean conviction; many cases involve overzealous prosecution or lack of intent. At The Law Offices of David Chesley, a premier California criminal defense law firm, we've defended countless clients against Penal Code 246 and 246.3 charges, achieving dismissals, reduced sentences, and acquittals through aggressive strategies, expert witnesses, and in-depth investigations. This comprehensive guide is tailored for those charged with discharging a firearm in California, offering clear, detailed insights into the laws, penalties, defenses, and more. Whether you're searching for a "discharging a firearm lawyer California," "PC 246 defense," "negligent discharge penalties CA," or "defending firearm discharge charges in California," we've got the information you need. Contact us for a free consultation—we're here to protect your rights and fight for the best outcome.

Understanding Discharging a Firearm Laws in California

Discharging a firearm in California encompasses several offenses under the Penal Code, designed to prevent reckless or malicious gunfire that endangers public safety. The most common charges are under Penal Code 246 PC (shooting at an inhabited dwelling or occupied vehicle) and Penal Code 246.3 PC (negligent discharge of a firearm). These laws don't require actual injury; the potential for harm is enough for prosecution.

Penal Code 246 PC: Shooting at an Inhabited Dwelling or Occupied Vehicle

Under PC 246, it's a felony to willfully and maliciously discharge a firearm at an inhabited dwelling, occupied building, occupied motor vehicle, occupied aircraft, or inhabited housecar. "Willfully" means you intentionally fired the gun, while "maliciously" implies intent to do wrong or annoy. Prosecutors must prove:

You discharged a firearm.
It was directed at a qualifying target (e.g., a home with people inside).
The act was willful and malicious.
It wasn't in lawful self-defense.

This charge often arises in drive-by shootings or disputes where shots are fired toward property. No need for the bullet to hit—missing still counts if aimed at the target.

Penal Code 246.3 PC: Negligent Discharge of a Firearm

PC 246.3 makes it illegal to willfully discharge a firearm in a grossly negligent manner that could result in injury or death to a person. "Gross negligence" means reckless disregard for safety, like firing into the air in a populated area. Elements include:

Willful discharge (intentional act).
Gross negligence (reasonable person would foresee risk).
Potential for injury/death.

This is a "wobbler" offense, chargeable as misdemeanor or felony based on circumstances, priors, and DA discretion.

Other related laws: PC 26100 (drive-by shooting, felony up to 7 years), PC 247 (discharging at unoccupied property, misdemeanor/felony). California's strict gun laws, ranked #1 nationally, amplify these charges, especially with mandatory reporting for gunshot wounds. As of 2025, no major changes to these codes, but enhanced tracing under AB 1191 may increase prosecutions.

Penalties for Discharging a Firearm Charges in California

Penalties vary by code and charge level, with felonies triggering strikes under Three Strikes Law.

For PC 246 (Shooting at Inhabited Dwelling)

Felony: 3, 5, or 7 years in state prison.
Fines up to $10,000.
Serious/violent felony strike; great bodily injury adds 3-6 years (PC 12022.7).

For PC 246.3 (Negligent Discharge)

Misdemeanor: Up to 1 year in county jail, fines up to $1,000.
Felony: 16 months, 2, or 3 years in prison; counts as serious felony strike if felony.

Additional consequences: Lifetime gun ban, probation violations, deportation for non-citizens, and civil liability. In 2025, with gun violence focus, expect aggressive sentencing.

Alternative Sentences and Diversion Programs

Alternatives emphasize rehabilitation, especially for first-timers or mitigated cases.

Probation: 3-5 years, with firearm surrender, anger management, community service, and fines. Available for misdemeanors or reduced felonies.
Diversion: Mental health (PC 1001.36) or drug diversion (PC 1000) if underlying issues; completion dismisses charges.
Plea Bargains: Reduce to disturbing the peace (PC 415) or misdemeanor assault.
Expungement: Post-probation under PC 1203.4.

We negotiate these to avoid strikes and jail.

Hypothetical Examples of Discharging a Firearm Charges

Hypotheticals (not advice):

Celebratory Gunfire (PC 246.3): Firing into the air at a party; bullet could fall and injure—misdemeanor if no harm. Defense: No negligence.
Dispute Escalation (PC 246): Shooting at a neighbor's occupied house during an argument—felony, 3-7 years. Defense: Self-defense.
Hunting Mishap (PC 246.3): Accidental discharge near hikers—wobbler. Defense: Accident.
Drive-By (PC 26100): Firing from car at vehicle—felony up to 7 years. Defense: Misidentification.
Warning Shot (PC 246): Firing at occupied car to scare intruder—strike offense. Defense: Lawful defense.

Common Defenses to Discharging a Firearm Charges

Strong defenses can lead to acquittal.

Self-Defense: Reasonable fear of harm; proportional force.
Lack of Intent/Malice: Accident or no willfulness.
No Gross Negligence: Actions reasonable.
False Accusation: Witness bias.
Insufficient Evidence: No proof of discharge.
Unlawful Search: Suppress gun evidence.

Experts aid these.

Statistics on Discharging a Firearm Cases in California

In 2024, 592 civilian firearm discharge incidents (police-related). California's gun deaths low (7th nationally), but traces up 174% 2010-2022. Urban areas see spikes; Prop 36 may increase 2025 convictions.

Recent Changes and Trends (2025 Update)

AB 1191 enhances gun tracing; SB 649 on silencers. Trends: More self-defense claims amid ownership rise.

Frequently Asked Questions

Firing at occupied property—felony.

Up to 3 years prison.

Yes, with defenses.

If reasonable.

3 years felonies.

Possible post-probation.

Free consults.

Lifetime ban.

Deportation risk.

Rarely; often charged.

Areas We Serve

Los Angeles County(213) 341-4427
Orange County(714) 442-2601
San Diego County(619) 752-2235
Ventura County(805) 248-7408
San Bernardino County(909) 748-5272
Riverside County(951) 329-9499
Alameda / San Joaquin(510) 403-8809
Santa Barbara(805) 791-2162
Sacramento / Sonoma(916) 248-4717
South L.A. / Long Beach(562) 786-8383
City of L.A. / East L.A.(310) 882-6466
Fresno / Santa Clara(559) 365-7055
San Fernando Valley(818) 614-9567
OC Coastal Cities(949) 891-0102
Bakersfield / Kern(661) 473-0422
San Francisco(510) 403-8809

Recent Results

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

Awards and Certifications

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you! Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services. Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself. Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him. Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley. Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future. Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide. Thank you Negin. Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense. Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome. Santiago L.