Discharging a firearm in the state of California can lead to serious criminal charges. Individuals who fire a gun out of a motor vehicle can face specific charges under California Penal Code Section 26100: Shooting from a Motor Vehicle.
The Simmrin Law Group can help you go over all aspects of PC 26100 charges. Find out how this charge is prosecuted in the court system in California right here. You can also consider legal defenses used for charges of shooting from a motor vehicle with this article.
Review the Definition of Shooting from a Motor Vehicle
Shooting from a motor vehicle – or committing a drive-by shooting – is prosecuted under PC 26100 in the state of California. PC 26100 charges may be brought against anyone who:
- Allows someone else to bring a firearm into their motor vehicle
- Allows someone else to fire a firearm from within their motor vehicle
- Shoots a firearm from within a motor vehicle
- Shoots at someone from within a motor vehicle
Individuals must act willfully and maliciously to face a PC 26100 conviction. You should also be aware that PC 26100 charges can apply regardless of whether or not a vehicle is moving. While PC 26100 is treated as California’s drive-by shooting law, charges can apply even if shots are fired from a parked vehicle.
Consider the Penalties for Shooting from a Motor Vehicle
The penalties for shooting from a motor vehicle can vary based upon whether an individual was acting as the driver or the shooter. PC 26100 may be prosecuted as a misdemeanor or a felony in different cases. Let’s go over the different penalties now:
Penalties for Allowing Someone to Bring a Firearm into a Motor Vehicle
- Fines of up to $1,000
- Jail time of up to six months
Penalties for Allowing Someone to Shoot a Gun in a Motor Vehicle
- Fines of up to $10,000
- Prison time of up to three years
Penalties for Discharging a Firearm Inside a Motor Vehicle
- Fines of up to $10,000
- Prison time of up to three years
Penalties for Shooting at Someone from Inside a Motor Vehicle
- Fines of up to $10,000
- Prison time of up to seven years
Penalty Enhancements for Shooting from a Motor Vehicle Charges
Individuals can face enhanced penalties for PC 26100 charges in some situations. Additional time may be added to an individual’s sentence if they are the shooter and:
- They are acting with the intent to cause death or great bodily injury
- They successfully kill someone or cause a great bodily injury
In this situation, an individual could have up to 10 years of time added to their prison sentence.
Focus on Charges Similar to PC 26100
The usage of firearms is strictly regulated throughout California. There are several other charges used to prosecute individuals for shooting firearms, including:
- California Penal Code Section 246.3: Shooting in a Grossly Negligent Manner
- California Penal Code Section 246: Shooting at an Inhabited Dwelling or Occupied Car
- California Penal Code Section 247(b): Shooting at an Unoccupied Vehicle or Building
Negligent discharge and other federal gun crimes can lead to serious repercussions in the state of California.
Review Legal Defenses for PC 26100 Charges
A criminal defense lawyer in Los Angeles can help you if you are accused of shooting from a motor vehicle. Your lawyer can go over all aspects of your case when building a strong defense. Based on your situation, a legal professional could work to show that:
You Didn’t Know Your Passenger Had a Firearm
You should not be convicted under PC 26100 if someone entered your vehicle without telling you they had a firearm. Shooting from a motor vehicle charges should only apply if you knew your passenger was armed.
You Were Forced to Help Your Passenger
An individual with a gun could threaten you into driving them where they wish to go in California. If you were forced to drive an armed passenger around, your lawyer could prove that you were acting under duress.
You Shot from a Motor Vehicle in Self-Defense
Operating a motor vehicle is not always safe, especially as acts of road rage becomes more common. If you shot out of your vehicle to protect yourself or someone else, you could be able to avoid a PC 26100 conviction.
Get Help with Shooting from a Motor Vehicle Charges
Make sure you’re ready to handle California Penal Code Section 26100: Shooting from a Motor Vehicle charges by reaching out to the Simmrin Law Group now. It’s easy to contact our criminal defense lawyers in Los Angeles to set up a FREE case evaluation.
Take the first step in building your defense by completing our online contact form, or by calling (310) 896-2723.
“>contact form, or by calling (310) 896-2723.