If you have been arrested for the crime of Negligent Discharge of a Firearm, contact experienced criminal defense lawyer Max Gorby at (323) 477-2819.

California Penal Code 246.3 PC — Negligent discharge of a firearm / BB. (“(a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison. (b) Except as otherwise authorized by law, any person who willfully discharges a BB device in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year.”

California Jury Instructions, Criminal CALJIC 9.03.3 — Negligent discharge of a firearm. (“In order to prove this crime, each of the following elements must be proved: [1] A person willfully [and unlawfully] discharged a firearm; [2] The person who discharged the firearm did so in a grossly negligent manner; and [3] The discharge of the firearm was done in a manner which could result in injury or death to a person.”

CALJIC 1.20 — Willfully. (“The word “willfully” when applied to the intent with which an act is done or omitted means with a purpose or willingness to commit the act or to make the omission in question. The word “willfully” does not require any intent to violate the law, or to injure another, or to acquire any advantage.”

Judicial Council Of California Criminal Jury Instruction (CALCRIM 970) — Negligent discharge of a firearm. (“Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: [1] He or she acts in a reckless way that creates a high risk of death or great bodily injury. AND [2] A reasonable person would have known that acting in that way would create such a risk. In other words, a person acts with gross negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section  246.3 Negligent Discharge of a Firearm.