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California Penal Code Section 246 PC: Shooting At An Inhabited Dwelling Or Occupied Car
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California Penal Code Section 246 PC: Shooting At An Inhabited Dwelling Or Occupied Car
California Penal Code Section 246 PC makes it a felony to maliciously and willfully discharge a firearm at an inhabited dwelling, house, occupied building or vehicle, or inhabited camper. This law prohibits shooting at a wide range of targets where people are likely to be present and aims to deter gun violence against property. Let’s break down what this law covers, penalties, and legal defenses.
What Does California Penal Code Section 246 PC Prohibit?
This law prohibits someone from maliciously and willfully firing a gun at:
- An inhabited dwelling or house
- An occupied building
- An occupied motor vehicle
- An inhabited house car or camper
- An occupied aircraft
The purpose of this law is to deter people from recklessly shooting at any property where people are likely to be present. Discharging a firearm under these circumstances shows a conscious disregard for human life and safety.
What Are the Penalties?
Shooting at an inhabited dwelling or occupied vehicle is a felony offense in California. If convicted, penalties can include:
- 16 months, 2 years, or 3 years in county jail
- Up to 7 years in state prison
- A maximum fine of $10,000
Sentences tend to depend on the specific circumstances of the case and criminal history of the defendant. Shooting a firearm under the influence or resulting in injury or death can lead to additional charges and increased penalties.
Legal Defenses
There are several legal defenses that a skilled criminal defense lawyer may use to contest PC 246 charges, such as:
- You did not act willfully or maliciously
- You did not actually discharge the firearm
- No one was inside the dwelling or vehicle
- You were falsely accused or wrongly identified
- You acted in lawful self-defense
An attorney can evaluate the details of your case and advise you on the best defense strategy. For example, they may argue you acted in self-defense if you fired a warning shot to scare off an attacker.
There are other firearm offenses that may apply or be charged along with PC 246, such as:
- Penal Code 246.3 PC – Negligent discharge of a firearm
- Penal Code 417 PC – Brandishing a firearm
- Penal Code 245a1 PC – Assault with a deadly weapon
An experienced criminal defense attorney can help identify and contest any additional charges.
Fighting Back Against PC 246 Charges
Being accused of shooting at an inhabited dwelling or occupied vehicle can have devastating consequences. An aggressive defense is essential to protecting your future. With an in-depth understanding of firearm laws and trial experience, an attorney can develop a strong defense to contest the charges and work toward the best possible outcome in your case.
References
https://www.shouselaw.com/ca/defense/penal-code/246/
https://www.keglawyers.com/shooting-at-dwelling-penal-code-246
https://www.cronisraelsandstark.com/shoot-at-dwelling-penal-code-246
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=246