Los Angeles Negligent Discharge of a Firearm Defense: Understanding California PC § 246.3 and § 246 Charges

Facing negligent discharge of a firearm charges in Los Angeles can lead to serious consequences, including jail or prison time, fines, and a criminal record that impacts your employment, firearm rights, and personal life. Under California Penal Code § 246.3 (negligent discharge) and Penal Code § 246 (grossly negligent discharge), these offenses involve recklessly or intentionally firing a gun in a manner that endangers others. At Rogers | Beltran LLP, our experienced Los Angeles negligent discharge of a firearm defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain negligent and grossly negligent discharge charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

Types of Negligent Discharge of a Firearm Charges in California

Negligent discharge of a firearm in California involves firing a gun in a reckless or grossly negligent manner that could cause injury or death. The charges vary based on the level of negligence and potential harm. The primary statutes include:

1. Negligent Discharge of a Firearm (PC § 246.3)

  • Description: Involves willfully discharging a firearm in a grossly negligent manner that could result in injury or death to a person (e.g., firing a gun into the air in a public place).
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on circumstances or criminal history.

2. Grossly Negligent Discharge of a Firearm (PC § 246)

  • Description: Involves intentionally discharging a firearm in a grossly negligent manner at an inhabited dwelling, occupied vehicle, or aircraft, creating a high risk of harm.
  • Key Factors: Always a felony; carries harsher penalties due to the targeted nature and increased danger.

3. Related Charges

  • Description: Negligent discharge may be charged alongside related offenses, such as:
    • PC § 25850 (carrying a loaded firearm).
    • PC § 245 (assault with a deadly weapon).
    • PC § 417 (brandishing a firearm).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in a Negligent Discharge Case

To secure a conviction under PC § 246.3 or PC § 246, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

For Negligent Discharge of a Firearm (PC § 246.3):

  1. Willful Discharge: You intentionally fired a firearm.
  2. Gross Negligence: The discharge was done in a grossly negligent manner, meaning it showed a reckless disregard for human safety.
  3. Potential for Harm: The act could have resulted in injury or death to another person.
  4. Knowledge: You knew or reasonably should have known the act was dangerous.

For Grossly Negligent Discharge of a Firearm (PC § 246):

  1. Willful Discharge: You intentionally fired a firearm.
  2. Gross Negligence: The discharge was done with gross negligence, showing extreme disregard for safety.
  3. Targeted Location: The firearm was discharged at an inhabited dwelling (e.g., house, apartment), occupied vehicle, or aircraft.
  4. No Legal Justification: The act was not legally justified (e.g., self-defense).

The DA relies on evidence such as witness testimony, ballistic reports, surveillance footage, or recovered firearms. An experienced Los Angeles negligent discharge attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Negligent Discharge of a Firearm Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 246.3 and PC § 246 charges. Common defenses include:

  1. No Gross Negligence:
    • If your actions did not show reckless or extreme disregard for safety, the charge may be reduced or dismissed.
    • Example: You fired a gun in a controlled environment, unaware of nearby risks.
  2. Self-Defense:
    • If you discharged the firearm to protect yourself or others from imminent danger, your actions may be justified.
    • Example: You fired to deter an attacker threatening your life.
  3. No Intentional Discharge:
    • If the firearm discharged accidentally (e.g., mechanical failure), you may not be guilty.
    • Example: The gun misfired without your intent to shoot.
  4. False Allegations:
    • Charges may stem from misunderstandings or false claims by witnesses or victims.
    • Example: A neighbor falsely reported you firing a gun to settle a dispute.
  5. Insufficient Evidence:
    • The prosecution may lack evidence to prove you fired the firearm or acted negligently.
    • Example: No ballistic evidence or witnesses confirm the discharge.
  6. Illegal Search and Seizure:
    • If police obtained evidence (e.g., the firearm) through an unlawful search, it may be suppressed.
    • Example: The firearm was found during an illegal home search.

At Rogers | Beltran LLP, our Los Angeles negligent discharge defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Negligent Discharge of a Firearm Convictions in California

Penalties for negligent discharge convictions depend on the charge, circumstances, and your criminal history. As of July 2025, potential consequences include:

Misdemeanor Negligent Discharge (PC § 246.3)

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with conditions like community service or firearm restrictions.
  • Firearm Confiscation: The firearm may be seized and destroyed.

Felony Negligent Discharge (PC § 246.3 or PC § 246)

  • Prison Time:
    • PC § 246.3: 16 months, 2, or 3 years in state prison.
    • PC § 246: 3, 5, or 7 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like firearm relinquishment or counseling.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Strike Offense: PC § 246 counts as a “strike” under California’s Three Strikes Law.
  • Firearm Rights: Permanent loss of firearm ownership or possession rights (PC § 29800).

Additional Consequences

  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like security, law, or healthcare.
  • Civil Lawsuits: Victims (if harm occurred) may sue for damages, increasing financial liability.
  • Employment Challenges: A criminal record can limit job opportunities, especially in roles requiring background checks.

What Else Should You Know About Negligent Discharge of a Firearm Charges in Los Angeles?

Negligent discharge charges under PC § 246.3 and PC § 246 are strictly enforced in California, particularly in Los Angeles’s urban environment. Here are additional details to understand:

The Negligent Discharge Charge Process in Los Angeles

  1. Investigation: Police investigate based on reports of gunfire, witness statements, or ballistic evidence, often using bodycam footage or gunshot detection systems.
  2. Arrest and Booking: You may be booked and released on bail or held without bail for felony charges.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like brandishing a firearm (PC § 417).
  4. Diversion Programs: For misdemeanor PC § 246.3 charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Why You Need a Los Angeles Negligent Discharge Attorney

Navigating PC § 246.3 and PC § 246 charges requires legal expertise due to complex evidence and severe consequences. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of negligence or intent, to seek dismissal or reduction of charges.
  • Negotiate plea deals to lesser charges like misdemeanor brandishing.
  • Represent you in court to protect your rights and firearm privileges.
  • Mitigate impacts on your employment, firearm rights, or immigration status.

How to Protect Yourself After a Negligent Discharge Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of witnesses, events, or circumstances supporting your defense (e.g., proof of self-defense).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail conditions and avoid possessing firearms to prevent additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s densely populated areas (e.g., Downtown, South LA) heighten enforcement of firearm laws, with police responding quickly to gunfire reports.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Hollywood Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like ShotSpotter technology and bodycams, which can be challenged for procedural errors.

Contact Rogers | Beltran LLP for Expert Negligent Discharge of a Firearm Defense in Los Angeles

A California negligent discharge of a firearm charge under PC § 246.3 or PC § 246 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles negligent discharge attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.