Shooting at an Inhabited Dwelling or Occupied Vehicle - Penal Code 246 PC
California Penal Code 246 PC defines a grave offense-the act of discharging a firearm at an inhabited dwelling, occupied building, occupied motor vehicle, or an inhabited housecar such as an RV or camper. This felony offense carries a sentence of up to seven years in state prison, a term that could be extended if a victim is injured or killed.
PC 246 says, "Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year.
As used in this section, “inhabited” means currently being used for dwelling purposes, whether occupied or not."
If you or a loved one is charged with this serious crime in Los Angeles County, the potential consequences are significant. It's crucial to act swiftly and seek legal representation. Having a skilled attorney by your side is not just a legal requirement, but also a source of support and protection for your rights. This Code Section carries the possibility of a lengthy state prison sentence, making it imperative to take the situation seriously.
There was also a strike in California under the Three Strikes Law. This law imposes harsher penalties for repeat offenders. If you're convicted under this law, the consequences can be severe. For instance, the bail for this crime alone is $250,000.00.
So, you can bet if someone is charged with this crime, the prosecutors and judge will be looking to put them away for a long time. You want to get an attorney who has handled these cases before – not only the crime of PC 246 but also hold them in the jurisdiction where the case is pending.
Was the Home of the Vehicle Occupied?
Shooting at an occupied home, building, or car involves somebody firing a weapon at that location. If somebody is home, that makes it much more severe if someone is shooting into a house or even a car if somebody is occupying the vehicle.
It's not as severe, but it's still serious if there's nobody there who could get hit with a bullet. When I've done these cases, I often see the police entering the house, for example.
They're going to look and see where those bullets hit, and if they're anywhere near people were occupying, a lot of times they'll even charge an attempted murder charge depending on the circumstances of the case.
They want to show a potential jury—look what this person did, look how serious this is—and, obviously, a possible sentencing judge regarding this Penal Code Section 246 charge.
They are looking to make an example. They do not want people firing weapons in society, especially when it comes to potentially hitting other individuals.
What are the Defenses?
Well, the most apparent defense would be that you're not the person who did it and don't know anything about it. Then, the authorities would have witnesses and evidence to identify you.
For example, an eye-witness indicates that they saw you fire a weapon. A lot of times, these shootings are done by way of somebody driving by in a car. Sometimes, they are wearing disguises. Sometimes, it's dark; there are tinted windows.
There are all sorts of things that prevent witnesses from being able to identify shooters when it comes to this crime of shooting at an occupied car or home. So, when these drive-byes occur, the authorities are particularly interested in ensuring they can get witnesses to identify those involved.
Another defense would be self-defense. If somebody is firing a weapon at you and you fire back to defend yourself, this is undoubtedly a possible defense.
Again, nobody wants anybody firing weapons on the streets because that's how people get killed. So, typically, where I'm seeing these shootings at an occupied vehicle or shooting at an occupied house, cases coming up are in gang violence where one gang is firing at another gang.
That's just a tacked-on charge that they put on, along with a host of other serious charges like attempted murder, murder, or gang allegations. So, again, it just depends on the circumstances of the case and what type of defense a person might have. But remember, you have the right to a strong defense, and the right attorney can help you navigate these complex legal waters.
You can't just cookie-cutter say yeah, this is the defense, and that's the defense. Could you see what happened? You have to see what evidence the prosecutors have. Sometimes, they can use circumstantial evidence to prove a case.
For example, maybe somebody can't identify who the exact shooter was but can get a license plate, or perhaps somebody is caught and says that they saw somebody else shoot. Prosecutors can prove these cases in many different ways, and people can also defend themselves in these cases, again depending on the facts and circumstances of the case.
Consult with an Experienced Attorney
Whether you're charged with shooting at an occupied vehicle, home, or building, it's essential to have an experienced attorney by your side. A knowledgeable attorney who has successfully defended similar cases can provide the support and guidance you need during this challenging time.
Sometimes, it's a situation where you're saying, no, I'm not the person who was involved. Other times, it's a situation where you say, yes, I was involved, but you're explaining your version of what happened, and the attorney is negotiating a plea deal for you.
As your attorney, I will involve everyone in the office in your case. We will go over everything together, and the attorney-client privilege will protect our discussions. I will also develop a strategy together with you to proceed. My role is to guide you through the legal process, advise you on your options, and advocate for your best interests.
I'll let you know what you can do to help me and give you an idea of what I will do to help you.
Once you and the family know where the case is headed and what can be done to mitigate the circumstances and prevent damage, we're in a position to put together a defense to help you deal with your case and get the best possible result. Contact the Hedding Law Firm to review your case.
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