Legal Question in Criminal Law in California

Re: negligent discharge of a firearm

As they are charged with felonies and facing jail/prison time, wishfully speculating about whether or not a judge might do something is doing no good for you or them, neither is listening to the officer that arrested them on felonies saying the court won't pay attention to his arrest charges. They need to hire counsel to defend them, using whatever facts and evidence is available, to either negotiate a deal acceptable to them or take the case to hearings, motions or trial. Feel free to contact me if serious about doing so.

Re: negligent discharge of a firearm

Discharge of a firearm in a grossly negligent manner can be either a felony or a misdemeanor. As a felony, it carries up to 3 years in state prison.

They all should keep their mouths shut about these charges. The DA has to prove who actually pulled the trigger vs. who was just there watching.

What any actual sentence imposed is depends on the facts of the case, the court, the judge, the DA and to some extent, your attorney. Before worrying about what the sentence will be, think about making sure they can even prove the case against you and protecting your legal rights.

Re: negligent discharge of a firearm

The judge has no authority to unilaterally either reject a felony charge or reduce it to a misdemeanor. This can only happen if (1) the defendants can persuade the court that the charges are defective; (2) the prosecutor agrees to reduce or dismiss the charges; or (3) the prosecutor fails to show a sufficient basis for a felony charge at the preliminary hearing. Your boyfriend and his relatives need competent counsel ASAP in order to protect their rights.