It only takes one second. One loud crack of a firearm—and suddenly, you’re in handcuffs, facing felony charges, possibly being labeled as a danger to society.
Under California law, discharging a firearm in certain situations can land you in serious legal trouble. Even if no one was hurt. Even if you never intended to hurt anyone. Even if you thought you were just firing into the air or protecting yourself.
Being charged with the unlawful discharge of a firearm in California means your freedom, your future, and your rights are all on the line. The penalties are steep. The prosecutors are aggressive. And the system doesn’t give you the benefit of the doubt.
That’s why you need a defense strategy from day one.
What Does “Unlawful Discharge of a Firearm” Mean in California?
Under California Penal Code § 246, unlawful discharge of a firearm refers to willfully and maliciously shooting a gun at an inhabited dwelling, occupied vehicle, or building. It doesn’t matter if the person was hurt. It doesn’t even matter if the shot missed.
If the police or prosecutor believe you fired a gun at a home, car, or structure where someone was present (or could have been present), you could face felony charges.
This includes:
- Houses and apartments (even if unoccupied at the moment)
- Vehicles (even if parked)
- Commercial buildings (like offices or stores)
- Occupied trailers or RVs
And remember — they don’t have to prove you hit anything. Just that you fired at it.
Common Scenarios That Lead to Charges
Many people charged with this offense never thought they’d be facing serious prison time. But all it takes is one mistake, or one misunderstanding, and suddenly you’re in the middle of a felony case.
Some common scenarios include:
- Firing a gun into the air near a neighborhood or crowd
- Shooting at a vehicle after a road rage incident
- Discharging a firearm during a domestic dispute or argument
- Shooting at someone’s home after a confrontation
- Firing at an abandoned or seemingly unoccupied building
In many cases, alcohol, fear, or adrenaline are involved. But none of that protects you from the consequences—unless you have an attorney to fight for you.
The Penalties Are Severe
Unlawful discharge of a firearm under Penal Code § 246 is a felony offense. If convicted, you could face:
- Up to 7 years in state prison
- Strike on your record under California’s Three Strikes Law
- Loss of firearm rights
- Fines and restitution
- Felony probation
- Long-term consequences for employment, housing, and immigration
And if anyone was injured—even accidentally—the penalties can increase drastically. If a child or bystander was hit, the case could turn into an attempted murder charge or a firearm enhancement could be added.
In short, this isn’t a slap-on-the-wrist situation.
You Don’t Have to Hit Someone to Be Prosecuted
It’s important to understand: even if no one was hurt, even if no damage was done, you can still be convicted. The law focuses on intent and direction—not impact.
If prosecutors believe the firearm was discharged willfully and maliciously, and in the direction of a place where people live or gather, that’s enough to move forward with felony charges.
This is why even a “warning shot” or celebratory gunfire can land someone in prison.
How a Criminal Defense Attorney Can Help
Don’t make the mistake of thinking your story will speak for itself. The prosecutor already has their version—and it’s not going to be kind.
Here’s how a skilled criminal defense attorney can protect your future:
1. Challenge the Intent
The law requires that you acted willfully and maliciously. If your shot was accidental, taken in self-defense, or not aimed at an inhabited space, your lawyer can argue that the required mental state wasn’t present.
2. Dispute the Location or Occupancy
Were you really shooting at an inhabited dwelling? Was anyone actually inside the structure or vehicle? Your attorney can challenge assumptions about who was present and whether the building qualifies under the statute.
3. Self-Defense or Defense of Others
If you discharged your firearm because you felt threatened or were protecting someone else, that can serve as a powerful legal defense. It doesn’t guarantee the charges will go away—but it can lead to reduced penalties or a dismissal.
4. Expose Weak or Conflicting Evidence
Was the firearm recovered? Were there credible witnesses? Were you actually identified as the shooter? Your lawyer will dig into every part of the case and challenge unreliable testimony, shaky surveillance, or flawed police procedures.
5. Negotiate for Lesser Charges
Even if the prosecution has evidence, your attorney may be able to negotiate the charge down to a lesser offense—like negligent discharge of a firearm or disturbing the peace—especially if you have no criminal history.
Every Case Is Unique—But Every Case Deserves a Fight
Don’t assume that just because no one was hurt, you’ll get a lighter sentence. California takes gun crimes seriously—especially those that happen near homes, neighborhoods, or public areas.
Judges can and often do impose prison time for these offenses.
But with a skilled defense lawyer, your case could look completely different. You may be able to show that:
- You weren’t the shooter
- You fired in self-defense
- The area wasn’t occupied
- You acted out of fear, not malice
- The evidence is unreliable
All of these factors can lead to reduced charges, shorter sentences, or full dismissals.
Why Work With David P. Shapiro Criminal Defense Attorneys?
When you’re facing a serious charge like unlawful discharge of firearm California, you need more than someone who knows the law. You need someone who knows how to fight back.
That’s exactly what David P. Shapiro Criminal Defense Attorneys does.
They understand what’s at stake—not just for your case, but for your future. Their team brings:
- A focused approach to serious felony defense
- Decades of combined experience with firearm-related charges
- A deep understanding of San Diego-area courts and prosecutors
- A proven record of helping clients reduce or eliminate charges
They don’t waste time. They don’t make false promises. And they don’t treat you like a case number. Their goal is to protect your rights, your reputation, and your freedom—every step of the way.
What to Do If You’ve Been Arrested or Charged
If you’ve already been charged, or believe you’re under investigation, don’t wait. Every hour you delay gives the prosecution an advantage.
Take these steps immediately:
- Don’t speak to police without an attorney
- Don’t try to explain or justify your actions
- Don’t post about the incident online or talk about it with others
- Contact a qualified criminal defense attorney right away
The sooner your defense team gets involved, the sooner they can begin protecting you—and shaping the narrative that the court will hear.
Final Thoughts: One Shot Shouldn’t Define Your Future
Maybe it was a mistake. Maybe you panicked. Maybe the allegations are false. Regardless of how it started, a charge for unlawful discharge of a firearm in California doesn’t have to define the rest of your life.
But that outcome won’t happen by accident.
You need someone in your corner. Someone who understands how the system works—and how to challenge it. Someone who knows how to fight for your version of the truth.
If you or someone you care about is facing a firearm-related charge, don’t take chances. Reach out to David P. Shapiro Criminal Defense Attorneys today and take the first step toward protecting your rights, your record, and your future.