California Penal Code § 26100 PC states that no California resident may maliciously or willfully fire a firearm from a motor vehicle. The law also states that drivers have a legal obligation to prevent another person from bringing a gun into their vehicles. California Penal Code § 26100 PC violations can result in all parties involved facing felony charges.
This rule is also known as California’s “drive-by shooting” law. It’s meant to discourage and punish violent encounters that put everyday people at risk.
If you’re facing accusations of violating California Penal Code § 26100 PC, you can connect with Los Angeles DUI Lawyer. The attorneys in our network can break down the California Penal Code violations brought against you and fight back on your behalf.
Addressing Willful and Malicious Behavior
California law enforcement representatives can charge you with shooting from a motor vehicle provided that your alleged behavior was “willful” and “malicious.” The prosecution has to prove that you intentionally committed an illegal act with the intent to injure someone, kill them, or otherwise cause a disturbance.
You may similarly face accusations of a CA Penal Code 26100 violation if you allow a friend to bring a controlled firearm into your passenger seat or vehicle bed. The state may find you culpable of any injuries or damages done if you permit a passenger to shoot a weapon from your car, no matter what other role you played in the incident.
Consequences for Shooting From a Motor Vehicle
CA Penal Code 26100 charges don’t always present the accused with straightforward consequences. CA Penal Code 26100 charges are often wobblers, especially if officers accuse you of shooting from a moving vehicle as well as committing other crimes.
On its own, a CA Penal Code 26100 violation is a misdemeanor. You may face up to six months in county jail and fines of up to $1,000. You may face similar consequences if you allow a passenger to shoot a firearm from your vehicle.
Felony Drive-By Shooting Charges
The term “wobbler” describes a crime that can result in misdemeanor or felony charges, depending on the circumstances under which the person in question was arrested. If your CA Penal Code 26100 violation wobbles from a misdemeanor to a felony, the consequences for your alleged misconduct worsen significantly.
California residents facing felony charges after shooting a weapon from a motor vehicle can face imprisonment in a state prison for up to three years in addition to fines of up to $10,000.
Anyone accused of shooting at another person while in a car may face straight felony charges, resulting in up to seven years imprisonment in state prison and fines of up to $10,000.
Defending Against Drive-By Shooting Charges
If California police officers accuse you of violating CA Penal Code 26100, you have the right to meet with a criminal defense lawyer and challenge the charges brought against you. For example, you can question officers’ understanding of any willful or malicious intentions behind your alleged actions.
Criminal misconduct requires intention. Without proof of intent, criminal courts will struggle to level their charges against you. Other common defenses can include the following:
Lack of Knowledge
There is a chance that someone may get into your car and not inform you that they have a gun or that they intend to use a gun in a criminal manner. If you want to defend yourself from accusations of a CA Penal Code 26100 violation, you may argue that a passenger concealed a weapon from you up until the moment an incident occurred.
Video footage and witness statements can confirm your lack of awareness, as can any developing criminal cases brought against the other parties involved in your arrest.
Coercion
If someone got into your car and threatened you into driving them while in possession of a firearm, you can argue that you were coerced into violating CA Penal Code 26100.
You have every right to assert that your own safety was at risk if you didn’t comply. Our team can help you bring together audio evidence, forensic evidence, and witness statements to emphasize that if you had not assisted in the criminal activity in question, you would have been in pressing and unavoidable danger.
Self Defense
California Penal Code § 693 allows for self-defense. In some circumstances, it entitles you to take violent action against another person to protect yourself from harm. If you want to argue that you shot a firearm from a moving vehicle in self-defense, you can work with an attorney to prove that:
- You believed yourself to be in pressing and unavoidable danger.
- You believed that the danger would not abate without the use of force.
- You used the appropriate amount of force in response to the alleged danger.
Combinations of video footage, witness statements, and physical debris from the scene can help make your case.
Discuss Your CA Penal Code 26100 Charges With an Experienced Lawyer
You do not have to accept the CA Penal Code 26100 charges leveled against you. You have every right to discuss your circumstances with an experienced criminal defense lawyer. Consummate representation helps you question the nature of your charges and the evidence used to make them.
It’s the goal of a good criminal defense attorney to see the CA Penal Code 26100 charges brought against you reduced or dropped and justice upheld. You can learn more about the steps that the lawyers in our circle may take on your behalf during a free case consultation.
Los Angeles DUI Lawyer has spent nearly 20 years cultivating a network of experienced and compassionate attorneys. You can trust us to put you in touch with a representative who will have your best interests in mind. Contact us today to learn more about our services.
Fact Checked 
Fact Checked