Improper Discharge of a Firearm
March 7, 2025 | Nafiz M. Ahmed
Improper discharge of a firearm, referred to as negligent discharge of a firearm in California, is a serious offense that can carry significant legal consequences. If you’re a defendant who has been charged with this crime, it’s essential to understand what prosecutors must prove and what your defense options might look like.
Having a clear picture of the law helps you prepare for what lies ahead and reduces some of the stress that comes with the legal process.
What Prosecutors Must Prove
When facing charges for negligent discharge of a firearm in California, the state has to show certain facts beyond a reasonable doubt. Below are the elements the prosecution needs to prove in court:
You Intentionally Shot a Firearm or a BB Device
To be found guilty, you must have deliberately fired the weapon, whether it’s a traditional firearm or a BB device that uses air pressure or spring action. Accidental discharges or times when you thought the gun was empty usually can’t be charged as negligent discharge. The prosecutor must show that you pulled the trigger on purpose, not by mistake.
You Acted with “Gross Negligence”
Gross negligence means you did something so reckless that a sensible person would see the potential harm in it. It goes beyond common carelessness or a small error in judgment. The prosecution has to prove that your actions showed a serious disregard for the safety of other people.
The Shooting Could Have Caused Someone Harm
You can only be convicted if the shooting created a danger of injury or death. Even if no one was actually hurt, the law still considers whether someone could have been harmed in the circumstances. If the prosecutor can prove there was a risk, that’s often enough to seek a conviction.
If you’re facing a negligent discharge charge and need guidance, contact an experienced criminal defense attorney as soon as possible.
Examples of Negligently Discharging a Firearm
Negligent discharge can take many forms. For example:
- Firing a “warning shot” in a populated area without considering that the bullet could ricochet or travel farther than planned, possibly harming someone.
- Celebratory gunfire, such as shooting into the air at a holiday party or other event, where the bullet eventually comes down and could strike someone.
- Practicing target shooting in an area where bystanders are present.
If you find yourself facing charges of negligent discharge, it’s important to seek help as soon as possible.
Penalties for Negligent Discharge of a Firearm
Negligently discharging a firearm can lead to serious legal consequences that may affect your future. In California, it can be charged as a misdemeanor or a felony, making it a “wobbler.” If a BB device is involved, the charge stays as a misdemeanor no matter what.
As a Misdemeanor
When charged as a misdemeanor, the penalty may include summary probation, up to one year in county jail, or fines of up to $1,000. Judges often look at how serious the behavior was and your past record before making a decision.
As a Felony
If the offense is charged as a felony, you could face formal probation, jail time ranging from 16 months to three years in county jail, or a fine that can reach $10,000.
Three Strikes Law
Under California’s Three Strikes law, a felony conviction for negligent discharge is considered a “serious felony.” A second strike could double any future sentence, and a third strike can lead to 25 years to life in prison. It’s crucial to understand how these laws could affect you, especially if you already have prior convictions.
Contact a Criminal Defense Lawyer for a Free Consultation
If you have been charged with negligently discharging a firearm in California, it’s important to present a strong defense. The prosecution already believes you are guilty, and you’ll need a strong advocate in your corner to even the playing field. Get in touch with a qualified criminal defense attorney today for a free initial consultation.
Contact our Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500