What is Unlawful Discharge of a Firearm?
Unlawful discharge of a firearm occurs where you either 1) knowingly (meaning with full knowledge and intent), 2) recklessly (meaning with a conscious and intentional indifference to the consequences) or 3) negligently (meaning failing to use reasonable care under the circumstances) discharge a firearm.
Unlawful discharge can occur on private property or in a public place, and the crime can be committed in your home or on the street.
It is usually a 1 degree misdemeanor (punishable by up to 364 days in st jail) but because of the seriousness and the re-occurrence of “drive-by shootings”, if you discharge a firearm from inside of a vehicle and within 1,000 feet of any person (whether targeted or not, and regardless of striking anyone), then the otherwise misdemeanor unlawful discharge will be bumped up to a 2nd degree felony (punishable by up to 15 years in state prison).
Note that bona-fide self-defense and lawful defense of property are affirmative defenses to unlawful discharge, although you, the Defendant, will bear the burden of proof.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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