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Negligent Discharge of a Firearm

What is Negligent Discharge of a Firearm?

  • Negligent Discharge of a Firearm Negligent discharge of a firearm occurs when an individual:
    • Willfully discharges a firearm
    • In a grossly negligent manner
    • Which could result in someone’s injury or death.

Is It a Crime to Fire a Gun on Accident?

  • The crime of negligent firearm discharge only occurs when firing a gun occurs willfully. Since accidentally firing a gun cannot be willful, it is not negligent discharge.
  • Weapons charge defense attorney, William Kroger will work with you personally in order to craft a comprehensive legal defense to any weapon’s charge. Call for a free consultation today 323-655-5700.

Is It a Crime to Negligently Fire a BB Gun?

  • Yes, the law treats those who fire BB guns in a grossly negligent manner in the same way that it does others who fire real firearms.
  • California PC 246.3 (b) states that the penalty for negligent discharge of a BB gun can include imprisonment of up to one year.

What is the Definition of “Gross Negligence”?

  • Gross negligence is an extreme version of ordinary negligence. Rather than just acting careless or failing to act, an individual who is grossly negligent will have acted willfully and in disregard to the health and safety of others.
    • An individual who is grossly negligent:
      • Creates a high risk of death or bodily injury; AND
      • A reasonable person would have known that acting in that way could create that risk.
  • Gross negligence is an exacting standard and requires that the harm that did or could have occurred –– be foreseeable. This means that when the individual was acting unreasonably, they did or should have been able to foresee harm to the health and safety of others occurring.
  • William Kroger is an experienced criminal defense attorney who is well versed in the nuances and elements of negligence. As such, he will be certain to hold prosecutors to the high standard required for gross negligence in representing you. Call 323-655-5700 for a free consultation today.

What are the Penalties for Negligent Discharge of a Firearm?

  • Negligent du\discharge of a firearm is considered a misdemeanor.
  • The penalty of negligent discharge of a firearm may include:
    • County jail for not more than one year

Legal Defense Strategies: How We can Help

William S. Kroger is a smart, knowledgeable and experienced criminal defense attorney. He represents clients who have been charged with both weapons and drug charges.

William S. Kroger and his team of experienced criminal defense attorneys understand that if you are facing a criminal charge related to any type of weapon, it can deeply disrupt your life. William S. Kroger is committed to your defense. His proven track record of exceptional criminal defense is your best option to defend yourself. Contact William S. Kroger Attorney at Law today at 323-655-5700 to discuss your case. The sooner you retain legal counsel, the sooner he and his legal team can prepare a comprehensive defensive strategy for you.

Client Reviews

"I would highly recommend Mr. Kroger for anyone seeking help in a drug case. He was very helpful at putting me at ease and took care of everything for me in court." Paul
"My first time using an attorney Bill Kroger took care if my issue that could have turned into something much worse in no time. The best." Stephen W
Bill and his team have helped my business tremendously. Friendly and easy to work with. Highly recommend! Ammar