Legal Question in Criminal Law in California

Re: discharging a firearm

I do not like the way your question is phrased. It is suggestive of someone who may be considering discharging a firearm under circumstances they believe are either illegal or outside the parameters of the law. If this is the situation I would advise you not to discharge any firearms under any circumstances unless at a firing range under the supervision of an instructor.

Your question also does not take into consideration any other charges that would accompany the violation of discharging the firearm and believe me there would be additional charges. Furthermore discharging a firearm could have very serious and dangerous results if something goes wrong or not as you hoped or planned. At the very least you would be in violation of California Penal Code Section 12031. It could be charged as a felony or a misdemeanor and depending on the other charges in connection with the original charge you could face serious prison time. Since your question is vague and without facts a simple answer is not possible. If you have already been accused of discharging in a firearm either in public or in the city limits I would suggest you immediately hire an attorney. If you are questioned by law enforcement do not answer any question without an attorney present. You are free to call my office if you have any further questions. Good luck