Are you being charged with negligent discharge of a firearm in Redwood City, CA? You can be arrested for firing a gun recklessly, even if no one was hurt.
At Ahmed & Sukaram, our Redwood City weapons charges lawyers have over 30 years of experience protecting our clients’ rights. We possess the knowledge and resources to defend you from these charges.
Contact us today at (650) 299-0500 to schedule a confidential consultation.
Why Choose Ahmed & Sukaram to Help Me if I’m Arrested For Negligent Discharge of a Firearm in Redwood City?
The consequences of a negligent discharge of a firearm charge in Redwood City, California, can be very far-reaching. Your reputation, freedom, and right to own a firearm are all on the line. Having an experienced Redwood City criminal defense lawyer on your side is not just an advantage; it’s a necessity.
Here’s what sets Ahmed & Sukaram apart:
- Over 50 trials successfully defended
- Over 3,000 cases won
- Over 100 5-star reviews on Google
- Members of our legal team recognized by Super Lawyers and The National Trial Lawyers “Top 100”
When you’re facing charges, choosing us means entrusting your future to a team that truly knows how to defend you. Contact us to schedule a case evaluation with a Redwood City weapons charges attorney.
Overview of Negligent Discharge of a Firearm in California
Negligent discharge of a firearm means willfully firing a gun or BB device in a way that is grossly negligent and puts others at risk of harm. Under California law, to secure a conviction, prosecutors must prove three important elements:
- You willfully discharged the weapon, meaning you intentionally pulled the trigger.
- You did it in a way that was grossly negligent.
- Your actions created a real possibility of injury or death to another person.
It is essential to recognize that this is a very high standard; simply being careless or negligent is not enough for this charge.
What Counts as “Gross Negligence”?
Gross negligence means you acted so recklessly that your choices created a high risk of death or serious injury. A reasonable person would understand that the way you handled the gun was obviously dangerous. It goes beyond just making a poor choice — it’s about actions so careless and risky that they put others in serious physical danger.
What Are the Penalties for Negligent Discharge of a Firearm in Redwood City, California?
Negligent discharge is a “wobbler” offense when the weapon is a firearm in California, which means prosecutors can charge it as either a misdemeanor or a felony depending on the facts of your case and your criminal record.
Misdemeanor Negligent Discharge
If you are charged at the misdemeanor level, possible consequences include:
- Up to 1 year in a county jail
- Fines up to $1,000
- Possible summary (misdemeanor) probation instead of full jail time
When the weapon involved is a BB gun or similar BB device, the charge is filed as a misdemeanor under California law, which does not allow for felony sentencing.
Felony Negligent Discharge
When the incident is considered especially dangerous or aggravated, or you have a prior criminal record, the offense may be charged as a felony. Penalties can include:
- 16 months, 2 years, or 3 years in county jail
- Fines up to $10,000
- The possibility of formal (felony) probation under court supervision
These charges are serious and carry long-term consequences that extend beyond jail and fines. If you’re facing this offense, it’s crucial to work with a lawyer.
What Defenses Can Be Raised if I’m Arrested for Negligent Discharge of a Firearm?
Being charged with negligent discharge in California doesn’t mean you’re automatically guilty. There are several strong legal defenses your lawyer can raise, depending on the facts of your specific case.
Self-Defense or Defense of Others
If you had a reasonable belief that you or someone else was in immediate danger of being seriously injured, the law may justify the act of firing a weapon. Self-defense is a recognized legal defense when the force used is necessary to protect against a real threat.
Belief That the Gun Was Unloaded
Prosecutors need to show that you knew the gun or device was loaded before you fired it. A reasonable, genuine belief that the firearm was unloaded negates the criminal intent for discharging a loaded weapon.
No Actual Danger to Others
For a conviction, the law requires that your action created a substantial risk of causing injury or death. A defense exists if the gun was fired in a completely vacant area where injury was impossible.
Presenting a strong argument can be the difference between walking away free and clear or having to serve serious jail time.
A negligent discharge case is serious. Prosecutors treat firearm offenses with severity, and convictions can result in severe sentences, including jail time, substantial fines, and lifelong consequences. An experienced criminal defense attorney can identify weaknesses in the prosecutor’s case and develop effective legal strategies to defend against these charges.
Call Ahmed & Sukaram to schedule a confidential consultation with a Redwood City weapons charges lawyer.