Description

A person who discharges a firearm in a grossly negligent manner which could result in injury or death to a person may be charged with Negligent Discharge for a Fire Arm.

What does the prosecutor have to prove?

1. Defendant unlawfully discharged a firearm.
2. The defendant discharged the firearm in a grossly negligent manner.
3. The defendant’s conduct could result in injury or death to a person.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 180-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?May
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No