Vehicle Code 23110 throwing objects at a motor vehicle, Penal Code 245(a)(2) assault with a firearm, Californias 10-20-life use a gun and youre done law, Penal Code 186.22 PC gang sentencing enhancement, Californias sentencing enhancement for personal use of a gun in the commission of a felony, serious felony under Californias Three Strikes law, Penal Code 246.3 PC negligent discharge of a firearm, Californias felon with a firearm law, Penal Code 29800 PC, Californias drive-by shooting law, Penal Code 26100 PC, Californias law against throwing things at motor vehicles, Vehicle Code 23110 VC, Nevada laws on firing guns into structures or vehicles., Judicial Council of California Criminal Jury Instruction (CALCRIM) 965, People v. Overman (2005) 126 Cal.App.4th 1344, People v. Stepney (1981) 120 Cal.App.3d 1016, People v. Jischke (1996) 51 Cal.App.4th 552, the Los Angeles County District Attorneys office, A man drives with his gun to his ex-wifes house and, In a fit of road rage, a woman who has just been cut off by another car, A woman sees her car being stolen in an act of, Six (6) months to one (1) year in county jail; or. For more information on Nevada laws on firing guns into structures or vehicles, please see our page onNevada laws on firing guns into structures or vehicles.. 14-34.1. Contact us to learn how our Client-Focused Criminal Defense Team can help you for your shooting or firearm related charges in Northern Virginia. Places where firing a gun generally is prohibited include occupied homes or buildings, schools and school grounds, and motor vehicles. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Penal Code 246 PC makes it a crime to fire a firearm at an inhabited dwelling or occupied vehicle. 2. LYNCHBURG, Va. (WDBJ) - More charges have been brought forward after a malicious wounding case at the Timbers Apartments along Old Forest Road Wednesday night. 7; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c.
This would include firing it in the air outside your suburban home or at a party. (Code 1950, 18.1-152; 1960, c. 358; 1975, cc. You can also be charged with a misdemeanor for firing a BB or pellet gun if it was done so willfully and in a grossly negligent manner. Its a felony crime under Virginia Code 18.2-279 to endanger other people by shooting into an occupied dwelling or shooting at an occupied building with a firearm. Firing a gun can result in other firearms violations if all elements of PC 246 are not met. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. The statute imposes a mandatory minimum sentence of one year in prison that must be served consecutively with any other sentence. ; person: includes a corporation as well as a natural person.See Alabama Code 1-1-1; state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.See Alabama Code 1-1-1 18.2-280. For shooting charges that rely on your willfulness, a prosecutor has to prove beyond a reasonable doubt that you meant to fire the gun. Instead, it can meaneither: Example: Warren drives to his old workplace andfires out of his passenger window at two coworkers, who are not hit. ; penalty. All rights reserved. Shooting at an occupied dwelling - PC 246. Discharging certain barreled weapons or a
This felony offense carries a sentence of up to 7 yearsin stateprison. Firearm Dened. Grossly negligent discharge of a rearm pursuant to Penal Code section 246.3(a) isa lesser included offense of discharging a rearm at an occupied building. Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home. There are several California crimes that are often charged along with, or instead of, shooting at an inhabited dwelling or occupied vehicle. In Peachtree City, Ga., police said the Orbeez Challenge has already gotten out of hand in their community. See 13A-2-2. If any person, in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of a Class 6 felony. Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. Jessica is not guilty of shooting at an occupied structure because the restaurant was not occupied when she shot at it. Sign up for free Patch newsletters and alerts. The sentence can be much longer if a victim is injured or killed. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. It is also possible that the person accusing you, or the police, genuinely believe you were the culpritwhen actually you werent. Motor Vehicle Dened. If any person willfully discharges a firearm within or shoots at any school building whether occupied or not, he is guilty of a Class 4 felony. 14, 15; 1992, c. 738; 2005, c. 143. Police shared on Facebook that one child riding his bike was hit and bloodied after local teens shot at him with a gel-ball gun. ). Title 18.2 CRIMES AND OFFENSES GENERALLY. This is served concurrently with any sentence you receive under PC 246 or any other gun crime.9. Penal Code 247b is a less serious offense. If you would like to discussa pending case with an attorneycontact the Aizman Law Firmat 818-351-9555 for afree confidential consultation. A preliminary investigation determined that the two incidents appeared to be related, according to police. Penal Code 246 PC Shooting at inhabited dwelling house, occupied building, vehicle, or aircraft, or inhabited housecar or camper; punishment. (c) If a person violates this section and the violation results
Watch this video to understand how prosecutors approach these charges. While the officers were responding to the first incident, a second call came in reporting another shooting into a vehicle about 2 miles away in the area of Fairfax Boulevard and Fairchester Drive. Terms Used In Alabama Code 13A-11-61. Mike pulls out his gun and fires a shot in the direction of the house (but not at the child), hoping to scare the coyote away. held that the offense of discharging a firearm into an occupied vehicle can be committed intentionally, knowingly, recklessly, or with criminal negligence. Brown, of the Bristol, Va. Police Department, is charged with murder, the use of a firearm during the commission of a murder, and maliciously shooting into an occupied vehicle, according to a report by local NBC affiliate WCYB-TV. 9 18-3317. CALCRIM 965 Shooting at Inhabited House or Occupied Motor Vehicle (Pen. Officers responded between 1:30 a.m. and 2:30 a.m., for the report of a shooting into an occupied vehicle in the area of Fairfax Boulevard and Lion Run. If you intended to kill someone but failed in doing so, you could be charged with attempted murder. Please complete the form below and we will contact you momentarily. WOODBRIDGE, Va. Police have arrested a 15-year-old boy in connection to a shooting that occurred in Woodbridge, Virginia in October of last year. hide caption. 4988, 1901; GS 3628; RGS 5560; CGL 7746; s. 1, ch. A disgruntled family member or friend could falsely accuse you. Vehicle Code 23110 VC Throwing objects at motor vehicles. In this case, you will want to hire a criminal defense lawyer who is familiar with the forensic evidence in firearms cases and the investigative techniques that are most effective at ensuring that the true story comes out. A man and woman who were victims have since been treated and released. [AND3. Charged as a felony, it carries a state prison sentence of at least two (2) and as many as twelve (12) years, depending on the type of gun used.38, The legal definition ofattempted murderis taking at least one direct step toward killing another person, with the intent to kill him/her.39. Example: Aaron is not very experienced with guns and ends up accidentally firing the gun he just got for his birthday in the direction of his friends house. Virginia also makes it a felony to willfully fire a weapon in public defined as on a city street, in a public business, or a place of public gathering when shooting it results in someone being injured. ]: A firearm is not an air rifle or BB gun, but one in which a projectile is discharged or expelled through the barrel by the force of an explosion or other form of combustion. Immigration & Nationality Act (INA) 237, 8 U.S.C. The enhancement is 10 years for use of a firearm, 20 years for firing it, and 25-years to life if youkilled someoneor caused great bodily harm. If convicted of this offense, you may face one of the following sentence: You may also be fined up to ten thousand dollars ($10,000).5. If any person commits a violation of this section by maliciously or unlawfully shooting, with a firearm, at a conspicuously marked law-enforcement, fire, or emergency medical services vehicle, the sentence imposed shall include a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence. But she or he does need to show that you intended to fire the gun in the first place. A firearm is defined as any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion.9, Example: One night, Scott fires a BB at his neighbors house. Copyright 2023 WDBJ. If any death results, you will may also be charged with a homicide ranging from Involuntary Manslaughter to First Degree Murder. What is the crime of shooting at an inhabited dwelling? In a separate incident in the same city, several kids shooting the gel pellets at each other were involved in a car crash, the sheriff's office added. PC 664 addresses the sentence and penalties for an attempted crime. Save my name, email, and website in this browser for the next time I comment. "Even just shooting these on city property (not at another person) is a violation of city ordinance. Penal Code 12022.53 PC Sentence enhancements for persons convicted of enumerated felonies, Penal Code 186.22 PC Participation in criminal street gang; penalty, Penal Code 1192.7 PC Definition of serious felony. ((c) As used in this section, serious felony means any of the following: . Required fields are marked *. Example: Chuck fires his gun into his ex-girlfriends trailer in Los Angeles. State, 879 So. It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited . Even if you feel you aredoing so in self-defenseor are merely having fun, you risk being charged with a serious felony and spending considerable time in state prison. So if you pulled the trigger unintentionally, you are not guilty of this offense. The 18-year-old was also charged with two counts of contributing to the delinquency of a minor. Attempted murder is always a felony, though it can be charged in the first or second degree. A sentence under Penal Code 246 can be enhanced under the following scenarios: If you fire a gun at an inhabited dwelling or occupied building or vehicle and someone is struck andsuffers great bodily injuryor is killed, then you face 25 years to life in state prison along with whatever the court sentences you for violating the statute. Virginia Code 18.2-280 makes discharging a firearm in public a Class 6 felony when someone is physically harmed by your actions. In Virginia Code 18.2-279 the statute addressing shooting at or inside of occupied homes or buildings shooting at a school building is a Class 4 felony even if the building is unoccupied. ", Police in Fernandina Beach said in their post that shooting Orbeez balls "could cause injury if striking a person at a high speed or in a sensitive area such as the eyes. 18.2-80 Burning or destroying any other building or structure 18.2-81 Burning or destroying personal property, standing grain, etc. Chapter 5 - Crimes Against Property Code of Virginia 18.2-154 - Shooting at or throwing missiles, etc., at train, car, vessel, etc. 14, 15; 1990, c. 426; 2004,c. ]), Same. 7; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c.
She regularly appears on CNN, Fox News, HLN & CBS News to provide legal insight on various legal topics. If you did know the gun was loaded and decided to fire it anyway at the inhabited dwelling or occupied car or building, then you did display malicious intent. Sess., c. 24, s. 14(c);
As aviolent firearm offense, a PC 246 conviction can also result in losing ones gun rights. In Virginia Code 18.2-280, the statute covering discharge of firearms in public, its a Class 4 felony to shoot a weapon upon the buildings and grounds of any school, whether public, private, or religious. Police in Deltona also reported that other teens in the city were going on an Orbeez-shooting spree that same day. Around 4 p.m. on October 19, 2022, officers. On the Orbeez website, the manufacturer is advertising a new playset product based off the Orbeez Challenge on TikTok it seems unaware of the negative turn the viral trend has taken. The statutes related to discharging a firearm include some specific exemptions. Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. s. 2, ch. If the Commonwealth prove that you did so unlawfully but not maliciously, this is a Class 6 Felony, punishable by up to 5 years incarceration, and/or a fine of up to $2,500. This toy gel-ball gun was collected from a 19-year-old who shot an Amazon delivery driver in Deltona, Fla., with Orbeez balls. Police are asking anyone with information about the shootings or who may have video surveillance from businesses located on Fairfax Boulevard between Fairfax Circle and Kamp Washington to contact Detective Green at 703-385-7959 or MGreen@fairfaxva.gov. App. You can be convicted of thisCalifornia firearms offense for shooting at a house, apartment, RV or camper even if no one is actually home at the time. in serious bodily injury to any person, the person is guilty of a Class C
If you commit a gun offense, including PC 246, and you have a felony conviction on your record, even if it was expunged, you have committed another felony called Felon with a Firearm by the act of merely possessing a firearm in any manner. Penal Code 245(a)(2) assault with a firearm, 4.4. "We share this information so that parents can be aware of this trend and if your teen has a gel blaster gun we encourage you to discuss the potential dangers of this new trend," they said. A house, house car or camper is also considered to be inhabited if someone was using it as a dwelling and left because a natural or other disaster caused him/her to leave.17, A residence is considered to beuninhabited only if the residents have moved out and do not intend to return.18, An occupied building, motor vehicle, or aircraft. 71-136; s. 1, ch. Discharging certain barreled weapons or a firearm into occupied property. [A (house/house car/camper) is not inhabited if the former residents have moved out and do not intend to return, even if some personal property remains inside. Penal Code 246 PC Shooting at inhabited dwelling house, occupied building, vehicle, or aircraft, or inhabited housecar or camper; punishment, endnote 1, above. Californias drive-by shooting law, Penal Code 26100 PC, makes it a crime to discharge a firearmfroma motor vehicle.44. Virginia Code 18.2-154 contains an additional provision about shooting at a conspicuously marked police car, fire or rescue vehicle, ambulance, or any other emergency medical vehicle. If you have been arrested and would like tolearn more about howattorneys charge. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National College of DUI Defense, A switchblade1is a serious and deadly weapon. 1, 2, ch. See also Penal Code 18 PC Punishment for felony not otherwise prescribed; alternate sentence to county jail, endnote 43, above. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. In addition to charges ofPenal Code 245(a)(2) assault with a firearmfor shooting at these individuals, Warren will face charges of shooting an occupied building. This generally means that you fired the weapon by accident or had no knowledge that the firearm was loaded. Conviction: A judgement of guilt against a criminal defendant. Shooting at an inhabited dwelling or occupied vehicle - PC 246. However, if you are accused of shooting at a person, then you will always be charged with drive-by shooting as a felony, with potential sentences of three (3), five (5) or seven (7) years.45, Californias law against throwing things at motor vehicles, Vehicle Code 23110 VC, makes it a crime to throw any object at a motor vehicle or motor vehicle occupant on a public street.46, VC 23110 is a misdemeanor in most cases but becomes a felony if the defendant willfully and maliciously throws an object or substance capable of causing serious bodily harm, with the intent to cause great bodily injury.47. Any person who maliciously shoots at, or maliciously throws any missile at oragainst, any train or cars on any railroad or other transportation company orany vessel or other watercraft, or any motor vehicle or other vehicles whenoccupied by one or more persons, whereby the life of any person on suchtrain, car, vessel, or other watercraft, or in such motor vehicle or othervehicle, may be put in peril, is guilty of a Class 4 felony. Ardrius Kendrick Dews, 25, of Lynchburg, has been charged with Malicious Wounding (two counts), Use of a Firearm in the Commission of a Felony, Possess Firearm by a Convicted Felon, Shooting into an Occupied Vehicle, Reckless Handling of a Firearm, and Discharging a Firearm in the City of Lynchburg. If you have been charged with a gun crime or weapons offense South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (877) 277-3780. Annoyed, her downstairs neighbor Betty takes out a gun and fires it into her ceiling. Testimonials & Reviews: Our Clients Words. Deputies identified and arrested the suspect, charging him with shooting into an occupied vehicle, child abuse and two counts of battery, according to the sheriff of Florida's Volusia County. felony. This includes pistol whipping someone or shooting at them but not necessarily requiring that a bullet strike them. Code 1950, 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. As a defendant, you have the burden of proving each of the elements in order to be exonerated: If someone is menacing or threatening you or someone else, such as brandishing a knife or heavy object and coming at you or the other individual, and you fire a gun in their direction that enters or comes very close to an inhabited dwelling or occupied car or building, you may have a legitimate claim of self-defense. The same shooter involved in that case also shot another random adult and a 10-year-old child in the face and chest. They were so pleasant and knowledgeable when I contacted them. (1969, c. 341; c. 869, s.
Aaron is probably not guilty of shooting a firearm at an inhabited dwelling house because he did not act willfully or maliciously. Article 1. Warren did not shoot directly at the warehouse, but he fired in its direction, in a way that showed disregard for whether persons inside would get hurt.11, Firing at an inhabited dwelling or occupied car does not include firing a shot once you are already inside a building or car.12, However, itdoesinclude firing a shot from one unit in a multi-family building (such as an apartment or condo building) into another unit.13. PC 246 shooting at an occupied building or car is a felony in California. Should you intentionally discharge a firearm at an inhabited dwelling or at an occupied motor vehicle or building, then your conduct comes under PC 246, an offense commonly targeted at gang members. 2005-461, s. In order for you to be guilty under California Penal Code 246 PC, your behavior must meet the legal definition of shooting at an inhabited dwelling or occupied vehicle. To be convicted under this statute, the DA must prove each of the following elements2. Elements Of The Crime The Prosecutor Must Prove For A Conviction To be convicted under Penal Code 245(a)(2), the prosecution must prove beyond, Read More 11 Things You Should Know About Assault With A FirearmContinue, In California, as in all other states, convicted felons are not permitted to own or possess firearms. This charge requires the commonwealth prove that you "maliciously" shot at or threw a missile (anything) at any vehicle, while that vehicle was occupied, in such a way that any occupant's life was in peril. Below ourLos Angeles criminal defense lawyersexplain the law and how it is enforeced in California. In other words, California law punishes throwing potentially harmful objects at motor vehicles as seriously as it takes shooting guns at occupied vehicles. (Jones asserts that, because his possession of the gun was incidental to and simultaneous with the primary offense of shooting at an inhabited dwelling, section 654 precluded the imposition of sentence on both offenses. . 18.2-154. (b)Motor vehicle does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. But if a semiautomatic weapon was used, the sentence is 3, 6 or 9 years. ([A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion. ([A (house/house car/camper) is inhabited if someone uses it as a dwelling, whether or not someone is inside at the time of the alleged shooting.] Section 13A-11-61Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . This same van was involved with the shooting of a man trimming trees. Shortly before 6 a.m., Virginia State Police and Bland County. You're all set! You can be convicted of this even if the firearm jammed since you had the requisite intent and the present ability to commit the crime. 1. Penal Code 246.3 negligent discharge of a firearm, 4.2. If it is charged as a misdemeanor, the potential county jail sentence is six (6) months to one (1) year. There has been the Tide Pods challenge, the Kylie Jenner lip challenge and the cinnamon challenge. Veh. First degree attempted murder involves premeditation. Example: After being laid off from her job, Jessica goes there at four in the morning when she knows no one is there and shoots at the restaurants sign with a shotgun. If you want to understandwhy its important to have an attorney represent you. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Suite 805 The degree of felony depends on whether or not the shooting was malicious. It ceases to be a dwelling if the occupants show evidence that they did not intend to return to the dwelling at any time. Besides having the intent, you must have taken at least a direct step toward accomplishing it. hide caption. This can be easily met when the defendant discharges a firearm into inhabited dwelling or occupied building or motor vehicle with the intent to kill someone. As used in Penal Code 246, shooting at doesnt have to mean shooting directly at a target. Police learned Amos-Dixon fired several times into the vehicle that Chung and her child occupied as they tried to leave. ; penalty If convicted as amisdemeanor, the court can impose up to one year in county jail and/or a fine of up to $1000. For example, the sentencing enhancement set forthCalifornias 10-20-life use a gun and youre done lawcan apply to a PC 246 conviction in some cases. 5. Penal Code 246 - "Shooting at an Inhabited Dwelling or Occupied Vehicle", 246 PC - Shooting at an Inhabited Dwelling. This conduct exhibits a willful disregard for the safety of others. felony. The Peachtree City Police Department said it is pursuing criminal charges against anyone caught firing the guns at another person on city property. However, if the homicide is willful, deliberate, and premeditated, he is guilty of murder in the first degree. But in fact, in the context of California law on shootingat an inhabited dwelling or occupied structure, it does. Driving With No License Spanish Language Information, Its a crime to shoot at or inside of an occupied building, at or inside a school or on school grounds, and from or at a motor vehicle, Shooting at a marked public safety vehicle carries special penalties, The law makes exceptions for law enforcement officers firing weapons in the line of duty, for defending yourself or your property, for being part of an authorized program on school grounds, or lawful hunting near school grounds, Being a law enforcement officer who discharged a weapon in the course of duty, Having a legal justification or excuse, such as defending yourself or your property, If on school grounds, being involved in a program or curriculum sponsored by the school or permitted by the school, Lawful hunting, if you fired a weapon within 1,000 feet of a school. Below ourcriminal defense attorneysexplain the elements and penalties of this law. 8 The crime is punishable by: six months to one year in county jail; or; three, five or seven years in California state prison. In the event ofthe death of any such person, resulting from such malicious shooting orthrowing, the person so offending is guilty of murder in the second degree.However, if the homicide is willful, deliberate and premeditated, he isguilty of murder in the first degree. "In some cases, it could result in felony charges and parents could also be liable for the actions of their kids," the department said. Shooting, or throwing anything at, a vehicle is a serious felony offense. Both additional suspects are receiving treatment for injuries at a hospital. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Same. 2003). Get free summaries of new opinions delivered to your inbox! any occupied vehicle, aircraft, watercraft, or other conveyance that is in
", Police in Peachtree City, Ga., shared images on Facebook of a boy who was hit by modified Orbeez balls while riding his bike. Legal defenses An offense under PC 246 is always a felony and is not a wobbler.. What are the penalties for a 246 PC conviction? The enhancement is to be served consecutively, meaning that once your sentence of 3, 5 or 7 years under PC 246 is completed, you then begin serving the 25 years to life. If any such act be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. (Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to disturb, defraud, annoy, or injure someone else.), Same. Chapter 790 WEAPONS AND FIREARMS View Entire Chapter 790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. We disagree.), Penal Code 29800 PC Felon with a firearm. If convicted, the court may impose a sentence of 16 months, 2 or 3 years. As used in this section, inhabited means currently being used for dwelling purposes, whether occupied or not.), CALCRIM 965(Someone commits an act willfully when he or she does it willingly or on purpose.), Same. If you fired a gun at an inhabited dwelling or occupied building or car at the direction of, for the benefit or while associated with a gang, you face an additional 2, 3 or 4 years underPC 186.22, the gang enhancement statute. A conviction can lead to a sentence of up to 7 years in state prison. muzzle velocity of at least 600 feet per second into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is guilty of a Class E felony.
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