Legal Question in Criminal Law in California

Re: negligent discharge of a fire arm (CA pc 246.3)

Yes, please consult an attorney in your locality and bring him or her to court with you on your court date if you can..

Re: negligent discharge of a fire arm (CA pc 246.3)

You should definitely seek counsel. Maximum punishment for 246.3 is one year confinement. And it seems that you might have a decent defense to the charge in that your conduct might not rise to the level of "gross negligence." This will, of course, turn on the facts of your case, of which you've posted very few.

You should take your paperwork to a local attorney at your earliest convenience.

Re: negligent discharge of a fire arm (CA pc 246.3)

In the anti-gun political climate today, you'd be well advised to get an attorney for this. If it is in SoCal, feel free to contact me; one of my specialties is firearms rights defense.

Re: negligent discharge of a fire arm (CA pc 246.3)

You should consult with an attorney. The offense you cite above is what is called a "wobbler" offense, meaning it can be charged as either a felony or a misdemeanor. The way the process works, the police refer the case to the District Attorney's office and they make the decision about how to charge the offense based on the information they have. Sometimes retaining an attorney early in the process allows the attorney an opportunity to try to present information to the District Attorney's office before the decision is made about what charge to file. Not all District Attorney's office will engage in that kind of discussion pre-filing, but some do.

I hope this answers your questions.

Elena Condes