Legal Question in Criminal Law in California
My son was charged with 246.3 in CA (San Bernardino area) Is i t a felony or midsemeanor?
1 Answer from Attorneys
Penal Code 243.4, negligent discharge of a firearm, is what's commonly known as a "wobbler," meaning it can be charged as a misdemeanor or a felony.
The DA has discretion to make that decision when filing the case. The judge can reduce a felony to a misdemeanor at several points during the case� even after a defendant is convicted of a felony and completes probation.
From your brief question, there is no way to tell if your son is charged with a felony or misdemeanor. This is a serious charge; if your son is convicted of 246.3 as a felony, it would be a "strike" under the Three Strikes law.
He needs a lawyer. if you can't afford to hire a private attorney, he should ask the judge to appoint the public defender.
Related Questions & Answers
-
Is it illegal to have your minor childs vicidion pills in your pocket? Asked 11/12/09, 1:43 am in United States California Criminal Law
-
If you are married and your wife tells you that she does not want to have sex with... Asked 11/10/09, 9:45 pm in United States California Criminal Law
-
My sons in jail for robery and it's his 1st offense. he's now has a marijuana... Asked 11/10/09, 8:07 pm in United States California Criminal Law