California PC 246: Shooting at an Inhabited Dwelling

The court system in California uses CA Penal Code 246 – Shooting at an Inhabited Dwelling to prosecute individuals accused of shooting a firearm at inhabited houses, house cars, or campers. The law also applies to shooting at occupied buildings, motor vehicles, or aircraft.

California treats this charge as a felony, with convictions potentially resulting in incarceration, fines, and probation. You can learn more about this charge and California’s penal codes with a legal professional familiar with our state’s laws.

An attorney can also help you build a defense to these charges. Our team has decades of experience helping individuals facing criminal charges connect with law firms that can assist them. You can reach out now to learn more about your options and PC 246 charges.

Basic Facts About CA Penal Code 246: Shooting at an Inhabited Dwelling

PC 246 charges can apply if the police accuse someone of maliciously and willfully shooting a firearm at inhabited dwellings or occupied buildings, aircraft, or motor vehicles. When reviewing these charges, it’s crucial to understand:

The Meaning of Acting Maliciously and Willfully

Individuals act maliciously if they intend to carry out a wrongful act or if they act with the intent of injuring, annoying, disturbing, or defrauding someone else. Individuals act willfully if they carry out an act on purpose.

Therefore, individuals should not face PC 246 if they shoot at a dwelling accidentally.

California’s Definition of a Firearm

California considers any device that you can use as a weapon that fires projectiles through a barrel through an explosion or another form of combustion as a firearm. Examples of firearms can include:

Pistols
Revolvers
Shotguns

An attorney can provide more information about the types of firearms.

What Qualifies as Shooting “at” Something

Individuals can face PC 246 charges if accused of shooting directly at or in close proximity to an inhabited dwelling or occupied target.

What Qualifies as an Inhabited Dwelling

An individual can face charges under PC 246 for allegedly shooting at a number of targets, including inhabited houses, campers, and house cars. Additionally, the charge applies if someone shoots at an occupied aircraft, motor vehicle, or building.

Results of a PC 246 Conviction

California treats PC 246 as a felony charge. A conviction can have harsh consequences, including incarceration, fines of up to $10,000, and time on felony probation. Additionally, individuals convicted under PC 246 can lose their right to buy or own firearms.

In some cases, sentencing enhancements apply to PC 246 charges. Some individuals can end up facing life in prison due to California’s “use a gun and you’re done” law. Individuals can also face additional time because of CA Penal Code 186.22 – California’s Gang Enhancement.

A PC 246 Conviction Can Have Immigration Consequences

PC 246 counts as a gun crime in California. California considers gun crimes as deportable offenses. Therefore, a conviction under 246 can result in an individual’s removal from the U.S., making it even more important to get help handling these allegations.

Defenses to PC 246 Charges

Individuals facing charges for shooting at an inhabited dwelling can face these charges head-on with help from a criminal defense attorney. An attorney may need to prove that an individual:

Shot in Self-Defense

Individuals have a legal right to take reasonable steps to protect themselves and others in California. In some cases, these steps may require shooting at an inhabited dwelling. However, individuals can only take this step if they have reasonable cause to believe they’re in imminent danger.

Fired a Gun by Accident

Individuals should only face a PC 246 conviction if they discharge a gun intentionally and maliciously towards an inhabited dwelling. If a gun goes off by accident, it should not result in a PC 246 conviction, though the act could lead to other charges.

Faced False Accusations

Sometimes, individuals face accusations related to PC 246 charges. A witness could also mistakenly identify an individual, accusing them of a crime they never committed. An attorney can step in to help in these situations.

Methods to Resolve PC 246 Accusations

Lawyers can explore several options to resolve a charge for shooting at an inhabited dwelling. Depending on the facts surrounding the charges, an attorney may focus on:

Getting the court to drop the charges
Having the charges reduced through a plea bargain
Fighting the allegations in court

Individuals facing these charges should get immediate help to improve their chances of building a successful defense.

Charges Similar to PC 246

California has many charges related to guns and firearm usage. Some charges that align closely with PC 246 accusations include:

An attorney can help with all of these charges.

Get Help After an Arrest for Shooting at an Inhabited Dwelling

You can get professional help handling an arrest under CA Penal Code 246 – Shooting at an Inhabited Dwelling. Our team can put you in contact with a criminal defense lawyer who can address all of your legal needs after an arrest.

We have many years of experience helping individuals in your situation find the right law firm. Find out more by contacting us for assistance right now.