With an increase in gun ownership comes the need to act responsibly when using one. When a gun is fired inside or at an occupied building, it could be charged as a felony.
If you have been charged with unlawful discharge of a firearm in Virginia, the prosecutor must prove you fired a firearm maliciously or unlawfully. This is a starting point for a defense we might be able to develop for you. Because penalties for felonies may include serious prison time, you need a respected gun defense attorney now.
The Code of Virginia § 18.2-279 considers it a serious felony to maliciously discharge a handgun inside or at a building with at least one person inside, endangering lives. Discharging a firearm maliciously is a Class 4 felony punishable by two to 10 years in prison, and up to $100,000 in fines. If a person is killed, the charge is second degree murder, but if premeditated, it is murder in the first degree.
However, the statute also considers it a felony if the discharge is not malicious, but unlawful.
In a Virginia Court of Appeals decision, Bryant vs. Virginia, the appellate court ruled that unlawful conduct is criminally negligent conduct, which occurs when someone willfully or wantonly commits an act that is reckless or indifferent to the possibility of harming another. If the discharge is unlawful but not malicious, it is a Class 6 felony with a one to five-year sentence attached. The court has wide discretion and, in some cases, will reduce the penalty to up to 12 months in jail and up to $2,500 in fines. If someone dies due to an unlawful discharge, the charge increases to a Class 5 felony for involuntary manslaughter, penalized by one to 10 years in prison, with the court’s discretion to reduce the penalty to up to 12 months in jail and up to $2,500 in fines.
It does not matter whether a school is occupied; shooting in, at, or near school grounds is a Class 4 felony. There are exceptions for law enforcement and security personnel engaged in their duties, as well as when the individual discharging the firearm has permission, is participating in a school program, or is lawfully hunting within 1,000 feet of a school. (VA Code § 18.2-280(B)(C)). Contact a Virginia lawyer to discuss recent charges for the unlawful discharge of a firearm.
Schools are not the only areas protected from people discharging firearms. Other unlawful discharging of a firearm charges include:
Virginia takes firearms possession seriously and gun owners could face fines and possible prison time, even if they did not mean to discharge a weapon. Those who find themselves in jail or facing charges for unlawful discharge of a firearm should immediately contact a knowledgeable criminal defense attorney.
There are many ways Virginia criminalizes the use of firearms, and one of them is the law against unlawful discharge. Unlawful conduct can mean you are negligent, but the penalties can be severe. If you are charged with the unlawful discharge of a firearm in Virginia, you will need legal help. Call Price Benowitz today for a free case evaluation.
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