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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.

Related Offenses

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.