California Penal Code Section 247(b): Shooting at an Unoccupied Vehicle or Building

California Penal Code Section 247(b) addresses a serious offense: shooting at an unoccupied vehicle or building. Violations of this law can result in severe consequences, including steep fines and potential imprisonment. For residents of Southern California, where firearm laws are vigorously enforced, understanding this statute is critical to both legal compliance and defense against unjust charges.

Understanding California Penal Code Section 247(b) and its implications for shooting at unoccupied vehicles or buildings.

At Power Trial Lawyers, we bring unmatched expertise to such cases. Our attorneys are respected thought leaders in the legal field, featured as analysts on major media platforms like Fox News, ABC, CNN, Forbes, the Los Angeles Times, Associated Press, CourtTV, and Law and Crime. High-profile cases handled by our firm have been covered by ABC7 News, Yahoo!, and more. This visibility underscores our excellence and reflects the trust placed in us by clients and the legal community alike.

If you or a loved one is facing charges under Penal Code 247(b), this guide will provide clarity on the law and highlight how our firm can help navigate the complexities of your case.

Penal Code 247(b) criminalizes discharging a firearm at an unoccupied motor vehicle or unoccupied building. It applies regardless of whether the property sustains damage or not. The key elements of the offense include:

  1. Intentional Discharge: The individual knowingly fired a firearm.
  2. Target Was Unoccupied: The vehicle or building at the time of the act was not occupied by any person.

It is crucial to distinguish this statute from Penal Code 246, which involves shooting at an occupied vehicle or dwelling and carries more severe penalties due to the heightened risk to human life.

Potential Penalties and Consequences

Violations of Penal Code 247(b) are generally prosecuted as a felony but may also be charged as a misdemeanordepending on the specifics of the case. Potential consequences include:

  • Misdemeanor Conviction:
    • Up to 1 year in county jail.
    • Fines up to $1,000.
  • Felony Conviction:
    • 16 months, 2 years, or 3 years in state prison.
    • Larger fines determined by the court.

Beyond these legal penalties, a conviction can leave a permanent mark on your criminal record, affecting employment opportunities, housing eligibility, and gun ownership rights.

Common Defenses Against Penal Code Section 247(b) Charges

An effective defense strategy requires a skilled legal team capable of dismantling the prosecution’s case. Common defenses include:

  • Lack of Intent: If the shooting was accidental or unintended, it cannot meet the statute’s “intentional” requirement.
  • False Accusations: Defense attorneys can expose motivations behind fabricated claims, such as disputes or personal vendettas.
  • Insufficient Evidence: Questioning the reliability of forensic evidence or witness testimony can undermine the prosecution’s case.
  • Violation of Rights: If evidence was obtained through illegal searches or seizures, it can be excluded under California law.

At Power Trial Lawyers, our strategic approach has proven successful in securing dismissals and reduced charges for clients across Southern California.

Related Laws and Aggravating Factors

Penal Code 247(b) often overlaps with other firearm-related offenses, including:

  • Penal Code 245: Assault with a deadly weapon, if intent to harm someone is alleged.
  • Penal Code 26100: Shooting from a motor vehicle (“drive-by shooting”).

Aggravating factors, such as prior criminal history, gang affiliations, or the use of restricted firearms, can lead to sentence enhancements or additional charges.

Real-World Examples

Consider a scenario: A Southern California resident discharges a firearm at an unoccupied car parked outside their property, believing it belongs to a trespasser. While no one was harmed and minimal damage occurred, the act falls under Penal Code 247(b). Without proper representation, the individual faces the risk of a felony conviction.

Power Trial Lawyers can craft a robust defense tailored to circumstances like these, leveraging expertise in firearm law to achieve the best possible outcome.

Importance of Legal Representation

Facing charges under Penal Code 247(b) is not only daunting but also legally intricate. Self-representation or failing to gain the right legal representation can result in harsh penalties, even for first-time offenders.

Power Trial Lawyers provides unparalleled legal representation, combining knowledge of California law with a proven track record in defending high-stakes cases. Our attorneys meticulously evaluate evidence, challenge procedural errors, and negotiate skillfully to protect our clients’ rights.

If you or someone you know is facing charges under Penal Code 247(b), don’t wait to seek legal counsel. Contact Power Trial Lawyers today for a free consultation. Our offices in Los Angeles and Orange County serve clients throughout Southern California, offering the expertise and dedication needed to achieve the best possible results.

Protect your rights and future—call us now or submit an online contact form to get started.

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