Legal Question in Criminal Law in California

Reckless Discharge of a firearm

What are the consequences for firing a firearm in a residential area when a neighbor positivly identfies you as the shooter, but no shells are found, no gun powder is evident on your body and no ammunition is found. Alcohol was a factor. I am 26, married with children, a Marine reservist and have no prior arrests. A month ago I submitted my application to become a correctional officer. Does this charge completly ruin my chances?? What are the chances of getting out of this or at least lowering the charge to a misdemmeanor?


Asked on 5/30/06, 10:31 pm

2 Answers from Attorneys
Jason Shyres Law Offices of Jason Shyres

Re: Reckless Discharge of a firearm

Has the DA filed charges against you? If so, what are the charges? If no charges have been filed, have you discussed the situation amicably with your neighbor (without threatening, harrassing, etc)? Did that neighbor inform the authorities about your alleged action?

You may want to hire an attorney to guide you, if you do not already have one, especially that every step you now take could affect your future job opportunity.

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Answered on 5/30/06, 11:10 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Reckless Discharge of a firearm

You need a lawyer. If you have been charged and your case goes to trial you can be convicted based upon the neighbor's testimony. The fact that other types of evidence haven't been found will not prevent the D.A. from prosecuting or the jury from convicting.

Being charged with this crime will not ruin your shot at a job in corrections, but being convicted probably will. An experienced defense attorney may be able to beat the charges or negotiate a misdemeanor plea, but without a lot more facts there is no way I can tell you how likely these outcomes are.

Good luck.

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Answered on 5/31/06, 12:19 am


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