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The charge of unlawful discharge of a weapon occurs when an individual discharges or fires a weapon in a public place and causes or is likely to result in the injury or bodily harm to people or domestic animals or property. This can be any type of weapon that fires a projectile and can be accidental or intentional in nature. There are different classes of misdemeanors in many areas for this offense including if the weapon was discharged in a public place, vehicle or within a specified distance of another person. These specific situations can bump the charges up to felony offenses.
Unlawful discharge of a weapon charges can occur under very different situations and the penalties possible reflect that range of variants. Often the situations around the discharge of the weapon and of course any injury, damage or bodily harm that may have occurred is also taken into consideration.
Possible Penalties
In most areas the court will consider several different factors during sentencing. The first and most obvious is the circumstances around the charge and the prior criminal history, if any, of the individual. In addition the court will consider if any damage was done or any injuries occurred during the incident. An attorney will be essential to help explain the situation that lead to the firearm being discharged, which may result in the charges being dropped or reduced to a lesser charge.
Can A Lawyer Help With Unlawful Discharge Of A Weapon Charges?
Since these charges can increase to felony offenses, plus other associated charges at the misdemeanor level in the same incident can also increase the likelihood of jail time, getting an attorney involved as soon as possible is essential. While they may not be able to get the charges dropped, there is a good possibility on a first offense to get the charges reduced to probation or even community service.
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