Negligent Discharge of a Firearm - Penal Code 246.3
I see a lot of these discharge of firearm cases where people have just had too much to drink, or it's a holiday, and they just decide to start firing their weapon. When you're in a town like Los Angeles, which is very conservative when it comes to weapon possession, this is one of the worst places to have a gun because they don't like people having guns.
They want to take away everybody's gun rights. This crime is covered under Penal Code 246.3 PC.
So, if you're discharging a weapon in public, you have a real problem. The prosecutors will first want to know why your client is doing that, Mr. Hedding. And I will have to explain to them why you did it. Because really what they're looking at is, what type of a person is this? Are they dangerous to the public?
Is this somebody we need to put in prison? Is this somebody that we need to put some severe restrictions on because they can't have somebody snap and start shooting everybody?
That's the first concern. It makes perfect sense. They want to protect the public and consider it a violent crime. They don't want people out there firing weapons dangerously and negligently.
So, we're trying to tell them this is an aberration when we deal with these cases. It's not going to happen again. Here's why it happened d, even if it doesn't make perfect sense. Here's how we're going to make sure it never happens again.
If you're charged with discharging a firearm in a public place, the legal system will view you as a dangerous individual. This could lead to probation, imprisonment, or other severe restrictions. The consequences are not to be taken lightly. A conviction could result in a permanent criminal record, loss of gun rights, and significant social and professional consequences.
They want to say, okay, you want to play around with guns where people can get hurt? We will put you in custody and see how you like that.
Harsh Legal Consequences
They want to give you a taste of something wrong, so you snap and realize you cannot do this. You have to know you cannot do this. You have to admit you put yourself in the wrong position when you're discharging a gun in public because this is one of the big buzzwords for prosecutors politically.
It's their job to protect the public. So, they feel like if they don't do something harsh to you and something else happens in the future, then it will come back to them.
Whoever gets the case the next time will say, you had this guy. Why did you let him go? Why did you only give him community service or Caltrans? Why didn't you put them in custody? In prison? In county jail? Why didn't you give them harsher restrictions?
Building an effective defense strategy is crucial in cases like these. We will work together to gather mitigation packages, character letters, and other evidence to show that you're a good person who made a mistake and is unlikely to repeat it. This is not a situation to be taken lightly, and we need to act swiftly and decisively.
Since we know that's what we're up against, we will have to deal with the case from that mindset. So, we get together mitigation packages, character letters, everything from your family, your job, something from you — something to show that you're a good person. You made a mistake. This is never going to happen again.
That's what we're trying to angle up if they've got the goods on you on the case, and we won't fight it and take it to trial. It's one of those situations where they have evidence to prove that you negligently discharged a firearm.
Of course, we will have to sit down and figure out exactly what type of strategy works best for you, your lifestyle, your family, your job, your liberty, your reputation—all of the things you hold near and dear to your heart. Your case is unique, and we'll tailor our strategy to fit your specific needs. As your defense attorney, I will guide you through the legal process, advise you on your rights, and work tirelessly to protect your interests.
That's why I try to talk about what is important to you when I do these cases. We can talk about the law all day. What it takes to be convicted of discharging a firearm negligently, even though I think you can probably figure it out yourself, but when it gets down to the nitty-gritty, we need to figure out how we can resolve this thing: how we can protect your interests and your rights; how can we keep you out of custody and how can we prevent some horrible damage from being inflicted on your criminal record?
How can we save and preserve the most important things to you? So, pick up the phone now. Give me a call. Let's sit down. Let's go over everything. Let's figure out what it will take to get you out of the criminal justice system as fast as possible.
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