Articles Posted in Gun Charges

A Laguna Niguel man was arrested and charged with Gross Negligent Discharge of a Firearm after he shot a TV in his apartment. According to The Orange County Sheriff’s Department, the 67 year old man was arrested after his wife reported that he shot the TV because he did not want her watching it. He was also charged with Felony Vandalism.

Penal Code Section 246.3, Gross Negligent Discharge of Firearm, is defined as the willful firing of a gun in a grossly negligent manner that could result in death or injury to a person. To be convicted of PC 246.3, the prosecution must prove all three of the following elements:

1. That you willfully fired a gun or BB device;
2. That it was done in a grossly negligent manner; and
3. That the discharge of the gun could have resulted in injury or death to a person.

Grossly negligent manner is defined as, acting in a reckless way that: 1) creates a high risk of death or great bodily injury; 2) demonstrates a disregard for human life or an indifference to the consequences; and 3) is such that a reasonable person would have recognized the nature of the risk.

PC 246.3 can be filed as either a misdemeanor or a felony and can subject you to serious consequences, including possible prison time. However, a good criminal defense attorney will be familiar with the variety of legal defenses associated with this crime. Below are some of the more common legal defenses to PC 246.3:

1. Self-defense/defense of another;
2. You were not aware that the gun was loaded; and
3. There was no risk of injury or death;
As noted above, PC 246.3 can be filed as either a misdemeanor or a felony depending upon the circumstances of the incident and your criminal history. If you are convicted of gross negligent discharge of a firearm, the following are possible penalties and punishments you could be facing:

Misdemeanor Conviction of PC 246.3: Up to one year in County Jail and a maximum $1,000.00 fine;
Felony Conviction of PC 246.3: 16 months or, two or three years in State Prison and a maximum $1,000.00 fine.

In addition to the above penalties, if convicted, you lose your right to own or acquire any firearms. A felony conviction prohibits you from owning a firearm for life and a misdemeanor prohibits ownership for 10 years.

It is important to note that in California, a felony conviction of Gross Negligent Discharge of a Firearm is a Strike under the Three Strikes Law. if convicted, and you are later convicted of another felony and then a third, you face a mandatory minimum sentence of 25 years to life in state prison.

Anyone who is facing charges of PC 246.3 should immediately seek the advice and representation of an experienced criminal defense attorney who will pursue all defenses to reduce the chances of a felony conviction to avoid a strike on their record.

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A 21 year old Mission Viejo man recently plead guilty to brandishing a weapon after threatening customers at a local sports bar. It was reported that this young man entered the bar carrying a 12 pack of beer and after being asked to leave by management, took out a 6 inch knife and verbally threatened customers. As an Orange County Criminal Defense Attorney, practicing in Orange County for 20 years, I have made it my priority to look beyond the actual “criminal act”, and get to know my clients in order to present them to the Court in the most positive light.

The legal definition of “brandishing a weapon” has three parts to it: 1) that you drew or exhibited a deadly weapon in the presence of another person; 2) you did so in a rude, threatening manner or that you did so unlawfully in a fight or quarrel; 3) and that you were not acting in self-defense or in the defense of another person. The prosecution must prove these three elements for a conviction.

Fortunately, there are defenses to brandishing a weapon or firearm. They include: 1) Self-defense or defense of another; 2) the weapon was not displayed in a rude, angry threatening manner. This defense is important because, simply drawing or exhibiting a weapon is not enough to convict, it must be done in a rude, angry, threatening manner; and 3) False allegations.

Depending upon the circumstances of the situation and the criminal history, brandishing a weapon is a “wobbler”, meaning it can be filed as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by a minimum three month to a maximum one-year jail sentence; A felony, punishable by 16 months, or two or three years in the California State Prison.

If you have been arrested and/or charged with brandishing a weapon or firearm, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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A 21 year old Mission Viejo man recently plead guilty to brandishing a weapon after threatening customers at a local sports bar. It was reported that this young man entered the bar carrying a 12 pack of beer and after being asked to leave by management, took out a 6 inch knife and verbally threatened customers. As an Orange County Criminal Defense Attorney, practicing in Orange County for 20 years, I have made it my priority to look beyond the actual “criminal act”, and get to know my clients in order to present them to the Court in the most positive light.

The legal definition of “brandishing a weapon” has three parts to it: 1) that you drew or exhibited a deadly weapon in the presence of another person; 2) you did so in a rude, threatening manner or that you did so unlawfully in a fight or quarrel; 3) and that you were not acting in self-defense or in the defense of another person. The prosecution must prove these three elements for a conviction.

Fortunately, there are defenses to brandishing a weapon or firearm. They include: 1) Self-defense or defense of another; 2) the weapon was not displayed in a rude, angry threatening manner. This defense is important because, simply drawing or exhibiting a weapon is not enough to convict, it must be done in a rude, angry, threatening manner; and 3) False allegations.

Depending upon the circumstances of the situation and the criminal history, brandishing a weapon is a “wobbler”, meaning it can be filed as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by a minimum three month to a maximum one-year jail sentence; A felony, punishable by 16 months, or two or three years in the California State Prison.

If you have been arrested and/or charged with brandishing a weapon or firearm, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

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Doesn’t anyone get points for ingenuity? I don’t think so in this case. Seems this kid decided he didn’t need to buy a stolen gun for “protection”. So he made one himself.

Well, he tried to fire it and it worked! Oops. It worked so well it went through some neighbors’ walls and the cops came out. Looks like our Thomas Edison is going to the grey bar motel on a felony charge of discharging a firearm into a residence. The police think he’s a gang member, too, so they’re adding those charges.

What may end up happening is that the minor may plead to a negligent discharge, instead of the more serious strike offense of a straight discharge. In either event, the police have this kid in their sights and he’ll be watched carefully from now on. All police departments and an Orange County criminal defense attorney will look for this kind of thing to be repeated.

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I am always impressed when the laws of physics are turned on their ear. But when it’s combined with a lot of verbal hoohah, I am doubly so.

Consider this story out of Santa Ana, California. A “special officer” with the Orange County Sheriff’s Department got into an altercationwith another motorist. As the other car was driving away, the “special officer” pulled out his gun and fired at the fleeing vehicle. Where are we? Pecos, Texas? Come on!

So……the Sheriff’s department mouthpiece had the cojones to say that the FLEEING car was firing at the “special officer”. That is special. I look forward to seeing all the casings from the bullets fired at the Sheriff’s deputy. As if Orange County needs another story like this about law enforcement.

The law is clear here (except if you’re a “special officer”. If you shoot a gun at someone after they anger you because you didn’t like their driving style? That’s a felony, folks. Ain’t no doubt about it. Recklessly discharging a firearm is a felony and carries the possibility of state prison time. The District Attorney better investigate this. They’ve filed Attempt Murder charges against people for conduct like this. A possible defense is self defense. If the other person threatened this officer and had displayed weapons, he may argue that he was just defending himself. Gun charges are serious, especially when paired with attempt murder charges.

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A 15-year-old boy was arrested on a Metrolink train bound for Santa Clarita for carrying an automatic rifle. The Antelope Valley boy, whose name was withheld because he is a minor, was released from custody a week ago before being picked up on the gun charges. The Daily News reports that a train rider overheard the boy bragging about the gun and notified the conductor, who called sheriff’s deputies.

Under California law, juvenile offenders do not commit crimes–they commit “delinquent acts”– and some of these actions would constitute crimes if committed by an adult. The trial phase of a youth offender case is a “jurisdictional” hearing. This means that the judge hears the evidence and determines whether the child is delinquent. The court may then take whatever action it deems to be in the child’s best interest. This can range from community service to spending time at the California Youth Authority, which is essentially juvenile prison. The theoretical purpose of the juvenile penal code is to rehabilitate, not punish.

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