The Difference Between Negligently Discharging a Firearm and Shooting at an Inhabited Dwelling
Penal Code 246 PC “shooting at an inhabited dwelling” prohibits intentionally firing a gun at an inhabited home or occupied car. And, for that matter, it’s not even necessary that you fire “at” a home or car…simply shooting in close proximity to the object is enough to trigger this charge.
Penal Code 246.3 PC California’s law against negligently discharging a firearm prohibits willfully firing a gun in a manner that could result in a person’s death or serious bodily injury. Unlike 246 PC, this law doesn’t involve a specific target. But both laws are designed to deter people from firing guns in situations that are likely to harm others.
And despite the fact that these laws are so similar, their punishments are not. Penal Code 246.3 PC California’s law against negligently discharging a firearm is considered a much less serious offense than shooting at an inhabited dwelling. There is no mandatory period of incarceration and, at the most, you’ll serve a three-year prison term.
Penal Code 246 PC, however, subjects you to a minimum six-month county jail sentence or to a three, five, or seven-year California State Prison sentence. This charge also typically encourages the prosecutor to additionally charge you with attempted murder.
Similar charges – very different penalties.
