Shooting from vehicles so as to endanger persons; penalty. Required fields are marked *. Assault with a FirearmCaliforniaPenal Code 245(a)(2). Shouse Law Group has wonderful customer service. A preliminary investigation determined that the two incidents appeared to be related, according to police. You may face serious assault charges if you used a firearm while intending to inflict force upon another person or the application of force. For Firearm Laws Related to Hunting visit theVirginia Department of Wildlife Resources. Virginia also makes it a felony to willfully fire a weapon in public defined as on a city street, in a public business, or a place of public gathering when shooting it results in someone being injured. "In some cases, it could result in felony charges and parents could also be liable for the actions of their kids," the department said. The enhancement is to be served consecutively, meaning that once your sentence of 3, 5 or 7 years under PC 246 is completed, you then begin serving the 25 years to life. CALCRIM 3470 Right to Self-Defense or Defense of Another, Penal Code 246.3 PC Discharging firearm or BB device in grossly negligent manner; punishment, Penal Code 245 PC Assault with a firearm, CALCRIM 600 Californias attempted murder law, People v. Jones (2002) 103 Cal.App.4th 1139, 1142. Three (3), five (5) or seven (7) years inCalifornia state prison. The Peachtree City Police Department said it is pursuing criminal charges against anyone caught firing the guns at another person on city property. You may lose this defense if the force you used was excessive. Any person who maliciously shoots at, or maliciously throws any missile at oragainst, any train or cars on any railroad or other transportation company orany vessel or other watercraft, or any motor vehicle or other vehicles whenoccupied by one or more persons, whereby the life of any person on suchtrain, car, vessel, or other watercraft, or in such motor vehicle or othervehicle, may be put in peril, is guilty of a Class 4 felony. Penal Code 246.3 negligent discharge of a firearm, 4.2. Code 1950, 18.1-68; 1960, c. 358; 1975, cc. A criminal record can affect job, immigration, licensing and even housing opportunities. You can explore additional available newsletters here. The statute imposes a mandatory minimum sentence of one year in prison that must be served consecutively with any other sentence. Police arrested a man in Dumfries on Thursday after he shot an occupied vehicle before shooting a 22-year-old woman, authorities said. All rights reserved. Local Phone: (540) 343-9349. Example: One night Andrea begins vacuuming fairly late. In Peachtree City, Ga., police said the Orbeez Challenge has already gotten out of hand in their community. If youve been charged with a crime related to discharging a firearm in Virginia, the experienced criminal defense attorneys at Copenhaver, Ellett & Derrico can help evaluate the details of your case and your options. Copyright 2023 Shouse Law Group, A.P.C. .). You can be convicted of this even if the firearm jammed since you had the requisite intent and the present ability to commit the crime. Californias drive-by shooting law, Penal Code 26100 PC, makes it a crime to discharge a firearmfroma motor vehicle.44. Shooting, etc., in committing or attempting a felony. Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. As a misdemeanor, you face up to one year in county jail and/or a fine up to $1000. They will be familiar with the most common legal defenses and plea bargain strategies for defendants accused of firing at an occupied dwelling or vehicle. Application for a Concealed Handgun Permit, Selected State Laws Pertaining to Firearms. Title 18.2 CRIMES AND OFFENSES GENERALLY. Please check official sources. Scott is not guilty of shooting a firearm at an inhabited dwelling because he did not use a firearm. Police learned Amos-Dixon fired several times into the vehicle that Chung and her child occupied as they tried to leave. Peachtree City Police Department Penal Code 246 PC Shooting at inhabited dwelling house, occupied building, vehicle, or aircraft, or inhabited housecar or camper; punishment, endnote 1, above. 179, s. 14; c. 755; 1993, c. 539, s. 1141; 1994, Ex. The mandatory minimum applies regardless of whether the shooting was malicious or merely unlawful. Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. s. 2, ch. Save my name, email, and website in this browser for the next time I comment. Deputies identified and arrested the suspect, charging him with shooting into an occupied vehicle, child abuse and two counts of battery, according to the sheriff of Florida's Volusia County. When the shooting was unlawful, but not malicious, the offense is a Class 6 felony, punishable byup to five years in prison and/or a maximum $2,500 fine. Legal defenses This 'trend' also has the potential to cause fear or panic in that some of these gel blaster guns could be mistaken for an actual firearm.". Call our Fort Lauderdale criminal defense attorneys today to learn more about how we can help. You can be convicted of this wobbler offense, meaning it can be charged as a misdemeanor or as a felony, if the following conditions are met: This offense would be applicable to nearly any scenario in which you intentionally fired the weapon, knowing it was loaded, while in an inhabited area8. What is Californias Felon With A Firearm Law? Penal Code 246 - "Shooting at an Inhabited Dwelling or Occupied Vehicle", 246 PC - Shooting at an Inhabited Dwelling. Home Criminal Defense Shooting or Throwing Missiles at Vehicle: Va. Code 18.2-154. If any person commits a violation of this section by maliciously or unlawfully shooting, with a firearm, at a conspicuously marked law-enforcement, fire, or emergency medical services vehicle, the sentence imposed shall include a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence. Code 1950, 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. Veh. Submit a Law Firm Client Review. Warren did not shoot directly at the warehouse, but he fired in its direction, in a way that showed disregard for whether persons inside would get hurt.11, Firing at an inhabited dwelling or occupied car does not include firing a shot once you are already inside a building or car.12, However, itdoesinclude firing a shot from one unit in a multi-family building (such as an apartment or condo building) into another unit.13. As aviolent firearm offense, a PC 246 conviction can also result in losing ones gun rights. 4.1. There are several California crimes that are often charged along with, or instead of, shooting at an inhabited dwelling or occupied vehicle. The statute does not apply if you fire a gun while inside an occupied car or dwelling, though it is applicable if you are in a dwelling and you fire shots at the house or dwelling next door or even above, below or next to you should you be in an apartment unit7. Shooting at an occupied dwelling - PC 246. As used in this section, inhabited means currently being used for dwelling purposes, whether occupied or not. operation is guilty of a Class D felony. Peachtree City Police Department This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia. There has been the Tide Pods challenge, the Kylie Jenner lip challenge and the cinnamon challenge. (He may, however, face charges forPenal Code 594 PC California vandalism.). Below Aizman Law Firm explains the law under penal code 26500 for the unlicensed sale of firearms. For questions about the California crime of shooting at an occupied building or motor vehicle, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group. Any person who maliciously shoots at, or maliciously throws any missile at or against, any train or cars on any railroad or other transportation company or any vessel or other watercraft, or any motor vehicle or other vehicles when occupied by one or more persons, whereby the life of any person on such train, car, vessel, or other watercraft, or If convicted as amisdemeanor, the court can impose up to one year in county jail and/or a fine of up to $1000. felony. This charge requires the commonwealth prove that you "maliciously" shot at or threw a missile (anything) at any vehicle, while that vehicle was occupied, in such a way that any occupant's life was in peril. 18.2-80 Burning or destroying any other building or structure 18.2-81 Burning or destroying personal property, standing grain, etc. 2005-461, s. 2006 Alabama Code - Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty. The statutes related to discharging a firearm include some specific exemptions. This can be easily met when the defendant discharges a firearm into inhabited dwelling or occupied building or motor vehicle with the intent to kill someone. As used in this section, inhabited means currently being used for dwelling purposes, whether occupied or not.), CALCRIM 965(Someone commits an act willfully when he or she does it willingly or on purpose.), Same. Police in Fernandina Beach said two reported incidents of teens in their community firing these guns luckily ended with no one getting hurt. Shooting in close proximity to an inhabited or occupied target, under circumstances that show a conscious disregard for the probability that one or more will strike the target or persons in or around it. 2003). Its also a Class 4 felony to shoot a gun on any public property within 1,000 feet of a public, private, or religious school. How does a person fight these charges in court? To be convicted under this statute, the DA must prove each of the following elements2. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Your lawyer will want to evaluate the Commonwealths case and ability to prove each of these elements. ). 4.2. A disgruntled family member or friend could falsely accuse you. Of course, if the facts support it, one of the best defenses is that you werent the person who committed the crime. 18.2-53. ", Police in Fernandina Beach said in their post that shooting Orbeez balls "could cause injury if striking a person at a high speed or in a sensitive area such as the eyes. If you have been arrested and would like tolearn more about howattorneys charge. other conveyance, device, equipment, erection, or enclosure while it is ; person: includes a corporation as well as a natural person.See Alabama Code 1-1-1; state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.See Alabama Code 1-1-1 Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Second degree attempted murder lacks the willful or premeditated element. There are a few defenses available to anyone charged under PC 246: A common defense that is used is one of self-defense. Police are asking anyone with information about the shootings or who may have video surveillance from businesses located on Fairfax Boulevard between Fairfax Circle and Kamp Washington to contact Detective Green at 703-385-7959 or MGreen@fairfaxva.gov. Complete the form below to receive a free consultation. You're all set! Sign up for our free summaries and get the latest delivered directly to you. ([A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion. Penal Code 245(a)(2) assault with a firearm, 4.4. Driving With No License Spanish Language Information, Its a crime to shoot at or inside of an occupied building, at or inside a school or on school grounds, and from or at a motor vehicle, Shooting at a marked public safety vehicle carries special penalties, The law makes exceptions for law enforcement officers firing weapons in the line of duty, for defending yourself or your property, for being part of an authorized program on school grounds, or lawful hunting near school grounds, Being a law enforcement officer who discharged a weapon in the course of duty, Having a legal justification or excuse, such as defending yourself or your property, If on school grounds, being involved in a program or curriculum sponsored by the school or permitted by the school, Lawful hunting, if you fired a weapon within 1,000 feet of a school. Markeem Devante Dance, 23, of Lynchburg, has been charged with Malicious Wounding (two counts), Use of a Firearm in the Commission of a Felony, Possess Firearm by a Convicted Felon, Shooting into an Occupied Vehicle, Reckless Handling of a Firearm, and Discharging a Firearm in the City of Lynchburg.. As a felony, you could be incarcerated in county jail for 16 months, 2 or 3 years. California Penal Code 246: Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, Please note: Our firm only handles criminal and DUI cases, and only in California. Even if you feel you aredoing so in self-defenseor are merely having fun, you risk being charged with a serious felony and spending considerable time in state prison. We disagree.), Penal Code 29800 PC Felon with a firearm. If convicted, you face 5, 7 or 9 years and a fine up to $10,000. However, if you are accused of shooting at a person, then you will always be charged with drive-by shooting as a felony, with potential sentences of three (3), five (5) or seven (7) years.45, Californias law against throwing things at motor vehicles, Vehicle Code 23110 VC, makes it a crime to throw any object at a motor vehicle or motor vehicle occupant on a public street.46, VC 23110 is a misdemeanor in most cases but becomes a felony if the defendant willfully and maliciously throws an object or substance capable of causing serious bodily harm, with the intent to cause great bodily injury.47. A felony conviction also may affect your ability to get hired for a job, obtain a security clearance, or rent an apartment. For example, the sentencing enhancement set forthCalifornias 10-20-life use a gun and youre done lawcan apply to a PC 246 conviction in some cases. shooting at an inhabited dwelling or occupied vehicle - PC 246, assault with a deadly weapon - PC 245a1, and; reckless driving - VC 23103. PC 246 shooting at an occupied building or car is afelony in California.3. In the context of firing the gun within the context of PC 246 and attempting to murder someone, you face a sentencing enhancement under PC 12022.53. . Pen. Virginia Code 18.2-280 makes discharging a firearm in public a Class 6 felony when someone is physically harmed by your actions. State, 879 So. "We share this information so that parents can be aware of this trend and if your teen has a gel blaster gun we encourage you to discuss the potential dangers of this new trend," they said. House cars means motor vehicles that are equipped for human habitation, like trailers or RVs. Officers responded between 1:30 a.m. and 2:30 a.m., for the report of a shooting into an occupied vehicle in the area of Fairfax Boulevard and Lion Run. This definition consists of the following elements of the crime: Lets take a better look at the terms in this legal definition. Va. Code 18.2-154 on Shooting or Throwing at a Vehicle says: Any person who maliciously shoots at, or maliciously throws any missile at or against, any train or cars on any railroad or other transportation company or any vessel or other watercraft, or any motor vehicle or other vehicles when occupied by one or more persons, whereby the life of any person on such train, car, vessel, or other watercraft, or in such motor vehicle or other vehicle, may be put in peril, is guilty of a Class 4 felony. Police say evidence points to two groups of people shooting at each other in a parking lot at the apartments. [AND3. Please complete the form below and we will contact you momentarily. Create a Website Account - Manage notification subscriptions, save form progress and more. Elements Of The Crime The Prosecutor Must Prove For A Conviction To be convicted under Penal Code 245(a)(2), the prosecution must prove beyond, Read More 11 Things You Should Know About Assault With A FirearmContinue, In California, as in all other states, convicted felons are not permitted to own or possess firearms. A sentence under Penal Code 246 can be enhanced under the following scenarios: If you fire a gun at an inhabited dwelling or occupied building or vehicle and someone is struck andsuffers great bodily injuryor is killed, then you face 25 years to life in state prison along with whatever the court sentences you for violating the statute. To be inhabited, means that the structure is used as a dwelling or home, regardless if anyone is inside or not. A conviction can lead to a sentence of up to 7 years in state prison. (1969, c. 341; c. 869, s. Contact us to learn how our Client-Focused Criminal Defense Team can help you for your shooting or firearm related charges in Northern Virginia. 3. Terms Used In Alabama Code 13A-11-61. The prosecutor does not need to show that you intended tohita building or car, for example. If you fired a gun at an inhabited dwelling or occupied building or car at the direction of, for the benefit or while associated with a gang, you face an additional 2, 3 or 4 years underPC 186.22, the gang enhancement statute. Concurrent Sentence for Firearm Possession If a prior felon arrives at the scene already in possession of a rearm and thenshoots at an inhabited dwelling, Penal Code section 654 does not precludeimposing sentences for both offenses. App. Aaron is probably not guilty of shooting a firearm at an inhabited dwelling house because he did not act willfully or maliciously. 18.2-154. Idaho Statutes. This toy gel-ball gun was collected from a 19-year-old who shot an Amazon delivery driver in Deltona, Fla., with Orbeez balls. Even though Chucks ex-girlfriend is currently in Hawaii, she is still using it as her home, which means it is inhabited. So Chuck is violating Penal Code 246 PC. In addition to charges ofPenal Code 245(a)(2) assault with a firearmfor shooting at these individuals, Warren will face charges of shooting an occupied building. Should you intentionally discharge a firearm at an inhabited dwelling or at an occupied motor vehicle or building, then your conduct comes under PC 2461, an offense commonly targeted at gang members. Shooting at an inhabited dwelling or occupied vehicle - PC 246. ([A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ ).]). And the discharge of the firearm was directed at an inhabited dwelling, such as a house, boathouse or car house; You had the reasonable belief that you or someone else was in imminent danger of suffering physical harm or of, You had the reasonable belief that firing a gun was necessary to protect yourself or the other person from imminent harm, You used no more force than necessary to defend yourself, Possible formal probation as an alternative to state prison or county jail time or in conjunction with some time spent incarcerated in county jail, A strike on your record pursuant to Californias three strikes law, If you are not a US citizen, you face the potential of, You willfully or intentionally fired or discharged a firearm, And did so that someone was at risk of injury or death. In cases where someone is alleged to have shot a firearm at an inhabited dwelling, occupied commercial building, or occupied vehicle, prosecutors may choose to charge the defendant with attempted murderif they have grounds for arguing that the defendant intended to kill a specific person who was in the building or vehicle. The enhancement is 10 years for use of a firearm, 20 years for firing it, and 25-years to life if youkilled someoneor caused great bodily harm. As afelony, you could be incarceratedin state prison for 2, 3, or 4 years and a fine up to $10,000 for using a generic firearm. 461; 2005, c. If you were accused of shooting at an occupied vehicle or inhabited dwelling and you meant to shoot the gun, but meant to fire it up in the air or otherwise were not aiming at the structure, you could have the charges reduced to negligent discharge (California Penal Code section 246.3 (PC), which, like 247b is a wobbler with a maximum sentence . 8 The crime is punishable by: six months to one year in county jail; or; three, five or seven years in California state prison. ; penalty 18.2-286.1. If any such act be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. ]), Same. In Virginia Code 18.2-280, the statute covering discharge of firearms in public, its a Class 4 felony to shoot a weapon upon the buildings and grounds of any school, whether public, private, or religious. The sentence can be much longer if a victim is injured or killed. 18-3317. The degree of felony depends on whether or not the shooting was malicious. If you would like to discussa pending case with an attorneycontact the Aizman Law Firmat 818-351-9555 for afree confidential consultation. FAIRFAX CITY, VA City of Fairfax Police are investigating two shooting into vehicle incidents that occurred early Thursday morning that appear to be connected, according to a police. If the attempt was against a peace officer, firefighter other person protected by statute, there is a 15-year mandatory minimum prison sentence. It ceases to be a dwelling if the occupants show evidence that they did not intend to return to the dwelling at any time. Code, 246), endnote 6, above. Below ourLos Angeles criminal defense lawyersexplain the law and how it is enforeced in California. This form is encrypted and protected by attorney-client confidentiality. According toBakersfield criminal defense attorneyNeil Shouse33: Lack of criminal intent, or accident, can be a helpful defense to charges of shooting at an inhabited house or occupied vehiclebut only in certain cases. firearm into occupied property. At an inhabited dwelling means that you shot the firearm directly at the dwelling or close enough to it so that the risk of someone being injured was high. Orange CountyP.O. Restaurant Week Next Week + Fairfax Connector Free Ride Age Change, Fairfax Dream House: $1.2M For Home Office, In-Law Or Nanny Suites, GMU: New Mayor Has Ideas To Bring Mason, Fairfax City Together, Master Singers of VA Presents Sing Her Song, PWLT Presents: The 25th Annual Putnam County Spelling Bee, Barrier-Breaking Black Army Officer Finally Awarded Medal Of Honor, Sandy Anderson To Run For School Board In Springfield District, St. Patrick's Day Parade, Restaurant Weeks: NoVA, DC Weekend Events, Amazon Pauses Construction Of 2nd Headquarters In Arlington: Report, Unlawful Entry At Closed Breezeway Motel Leads To Arrest: Police, Video: Hoagies For Heroes, Marching Band Help Celebrate Wawa Opening, 16 Beagles Rescued From Breeding Facility Arrive At Fairfax Shelter, Fairfax College Students Earn Accolades From Their Schools, Permanent Restroom Facility Approved For Draper Drive Park In Fairfax. Suite 200 What are the penalties for a 246 PC conviction? If any person willfully discharges a firearm within or shoots at any school building whether occupied or not, he is guilty of a Class 4 felony. Copyright 2023 WDBJ. Peachtree City police said these teens somehow modified the gel beads to inflict even more harm. Firing a gun can result in other firearms violations if all elements of PC 246 are not met. Besides having the intent, you must have taken at least a direct step toward accomplishing it. Police have also warned that these incidents can bring serious criminal charges for the people involved in these shootings, who may think what they're doing is a game. There are four mens rea elements in the Alabama Code: intentionally, knowingly, recklessly and with criminal negligence. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. Motor Vehicle Dened. 18.2-82 This same van was involved with the shooting of a man trimming trees. Its a felony crime under Virginia Code 18.2-279 to endanger other people by shooting into an occupied dwelling or shooting at an occupied building with a firearm. Brown, of the Bristol, Va. Police Department, is charged with murder, the use of a firearm during the commission of a murder, and maliciously shooting into an occupied vehicle, according to a report by local NBC affiliate WCYB-TV. Negligent Discharge of a FirearmCaliforniaPenalCode Section 246.3. Shooting, or throwing anything at, a vehicle is a serious felony offense. shooting at an unoccupied vehicle or uninhabited dwelling can be prosecuted under Penal Code 247b. In addition, defendants charged with shooting at a dwelling or vehicle often face sentences that include thePenal Code 186.22 PC gang sentencing enhancement. Code, 16520. 1, 2, ch. 18.2-154 Shooting at Occupied Vehicle 18.2-279 Shooting at Occupied Building/at or Within School 18.2-280 Shooting in Public, Within 1000 Feet of School Property 18.2-282 Brandishing Firearm 18.2-283 Carrying Weapon into Place of Religious Worship 18.2-283.1 Carrying Weapon to Courthouse 18.2-286.1 Shooting from Vehicle It is not uncommon for people to be falsely accused of firing a gun at a house or vehicle. A house, house car or camper is also considered to be inhabited if someone was using it as a dwelling and left because a natural or other disaster caused him/her to leave.17, A residence is considered to beuninhabited only if the residents have moved out and do not intend to return.18, An occupied building, motor vehicle, or aircraft. Deputies identified and arrested the suspect, charging him with shooting into an occupied vehicle, child abuse and two counts of battery, according to the sheriff of Florida's Volusia County . 2005-461, s. ]), CALCRIM 965 ([A house car is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached.] Annoyed, her downstairs neighbor Betty takes out a gun and fires it into her ceiling. (c) If a person violates this section and the violation results Police in Deltona also reported that other teens in the city were going on an Orbeez-shooting spree that same day. Betty is guilty of shooting at an inhabited dwelling for firing from her apartment into Andreas.14. Disclaimer: These codes may not be the most recent version. (Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to disturb, defraud, annoy, or injure someone else.), Same. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Shooting, or throwing anything at, a vehicle is a serious felony offense. (Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year. The latest viral social media trend is gaining traction on TikTok and has police across the U.S. warning their communities of the potential dangers. Every crime in California is defined by a specific code section. As we discussed above, you are not guilty of firing a gun at a dwelling or vehicle unless the prosecutor can show that you acted willfully.32. Visit our California DUI page to learn more. If you shoot a firearm at an inhabited dwelling or occupied structure/vehicle for the benefit of, at the direction of, or in association with a criminal street gangwith the specific intent to promote, further or assist in the gangs criminal conductthen you may face an additional two (2), three (3), or four (4) years in prison.24, Luckily, though,Californias sentencing enhancement for personal use of a gun in the commission of a felonydoes not apply to firing at an inhabited dwelling or occupied motor vehiclebecause it only applies to offenses that dont necessarily involve the use of a gun.25, California Penal Code 246 is also considered aserious felony under Californias Three Strikes law, provided that you are convicted of this offense for personally firing a gun (as opposed toaiding and abettingsomeone else who did).26, So if you have a conviction on your record for this offense, and you are subsequently charged with any other California felony, you will facetwicethe normal sentence for that second offense underCalifornias Three Strikes law.27, And, if you accumulate three strike convictionsone or more of which may be a conviction for firing at an inhabited dwelling or occupied building/vehiclethen you will receive a sentence of twenty-five (25) years to life in state prison.28, A conviction for firing at an inhabited structure or occupied building or vehicle can lead to seriousimmigration consequencesfor defendants who are not U.S. citizens.