Shooting at an Inhabited Dwelling or Occupied Car | Penal Code § 246

Description

The crime of Shooting at an Inhabited Dwelling or Occupied Car is to maliciously and willfully fire a firearm at an inhabited or occupied dwelling, building, aircraft, vehicle, RV or camper.

What does the prosecutor have to prove?

1. Defendant unlawfully discharged a firearm at an inhabited or occupied dwelling or motor vehicle.
2. The discharge of the firearm was willful and malicious.

Punishment

Felony: 3years/5years/7years
With probation 180-364 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?	Yes
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?	Yes
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