Legal Question in Criminal Law in California

CA Criminal law

What is the normal outcome of a 246.3 violation (negligent discharge of a firearm)? Should the defendants plead guilty or not guilty? Are they looking at jail time? What will be the most likely outcome for them?


Asked on 2/23/09, 5:12 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: CA Criminal law

It would be madness to enter any plea without competent legal advice. Negligent discharge of a firearm can easily become a 10 year mandatory prison offense under the 10-20-life law once you get to court. Any criminal charge carries potentially serious consequences such as jail time and the inability to ever get a job. It's hard to predict the outcome, what's not hard to predict is that having an attorney with you on your first court date will help steer the outcome your way. Please feel free to call or email me directly.

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Answered on 2/23/09, 5:16 pm
Terry A. Nelson Nelson & Lawless

Re: CA Criminal law

Plead guilty, go to jail. Hire an attorney, and he gets to either negotiate a plea bargain you can live with, or take it to trial to make the DA prove their case. The choice is yours. Feel free to contact me if serious about getting the legal help you need.

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Answered on 2/23/09, 5:38 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: CA Criminal law

Don't enter a plea of guilty. Hire an attorney to review your case. At your arraignment, he will receive the discovery from the DA. He will be able to better advise you of what kind of plea is reasonable or if it makes more sense to try the case for an acquittal. If you cannot afford an attorney, the public defender will be appointed.

If you are serious about hiring an attorney, then feel free to contact us.

Best of Luck!

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Answered on 2/23/09, 5:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: CA Criminal law

My bet is that not hiring a lawyer in your situation might prove to be the biggest mistake of your life. If you cannot afford private counsel, insist on having a public defender appointed for you at the first hearing, immediately, before you say anything in court. Under no circumstances you should engage in any conversations with the police, prosecutors or the judge about your case without the presence of a lawyer. In their eyes, you are presumed guilty and they will be looking to incriminate you as much as possible. They are not your friends.

Consequences of the offense you describe are potentially very serious. It is difficult to advise you in more detail without know more facts about your case. Only a competent lawyer who is thoroughly familiar with the facts of your case can advise and help you.

Feel free to contact my office for additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/23/09, 6:56 pm
Brian McGinity McGinity Law Office

Re: CA Criminal law

Penal Code 246.3 is a violation regarding discharging of a firearm or BB device in a grossly negligent manner.

There is no such thing as a "normal outcome" involving a violation such as this. Someone who is charged with this needs an attorney. They should also not answer any questions from Law enforcement without having an attorney present.

If you have been charged with violating this section, you need to either hire an attorney or if you can not afford an attorney have the court appoint a public defender for you. This is a serious violation and you could easily be facing time in custody in either the county jail or in state prison. Do not waste any time and do not take this violation lightly. Get an attorney. Good Luck

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Answered on 2/23/09, 8:22 pm


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