Legal Question in Criminal Law in California

It depends. If it was a violation under section (a) then it is called a "wobbler" which means it can be charged as a misdeamnor or a felony. If found guility of a misdeamnor the maxium penalty would be up to 1 yr in county jail. If found guility of a felony it could be a maxium of 2 years in State Prison.

If it is under section (b) it is a misdeamnor and it could be a maximum of 1 yr in county jail. Now, in realty it is going to depend on the county and the circumstances under which the weapon was discharged. This is something you should get an attorney to handle. So that If the DA charges it as a felony you have a chance to get it lowered to

a misdeamnor. If it is charged as a misdeamnor you still want an attorney so you can get the best possible deal.

Good luck

Brian McGinity