Negligent Discharge of a Firearm

Even if you are legally carrying a firearm, you could violate the law if you use that firearm in a careless, reckless, or negligent manner. Regardless of whether you had any intent to harm anyone, you still can be subject to criminal charges depending on the circumstances. If you were accused of such an offense, contact a knowledgeable Michigan negligent discharge of a firearm lawyer to start discussing your potential legal options.

The potential penalties for these offenses become more severe when the negligent discharge of a firearm results in property damage or bodily injury. Even if the resulting harm is purely accidental, you can still face a sentence of incarceration for many of these offenses. If you are facing gun charges related to irresponsible use of a firearm, consult with a dedicated gun attorney. They can review your case and help develop an effective legal strategy to fight the charge. Call and schedule an appointment today.

Michigan Compiled Laws §752.862 makes it a misdemeanor offense to carelessly or recklessly discharge a firearm under your control—or allow the said firearm to be discharged—in a way that damages someone else's property or injures another person. In the context of this statute, "property" includes both real estate and personal property.

If the property damage is valued at less than $50, then the maximum penalties include 90 days in jail and a $100 fine. If the property damage is valued at more than $50, the maximum penalties increase to one year in jail and a $500 fine.

If, however, the careless, reckless, or negligent use of a firearm results in an injury or death to another, the penalties may increase substantially, although the offense is still a misdemeanor. More specifically, under MCL §752.861, you may receive a sentence to up to two years in state prison and up to a $2,000 fine upon conviction, or up to one year in county jail.

As an additional penalty, a conviction under these statutes can also result in suspension of hunting privileges for up to three years. A Michigan negligent discharge of a firearm lawyer can go into additional detail regarding how peace officers and courts typically enforce these particular laws.

Under MCL §750.234, intentionally discharging a firearm without malice while aiming that firearm at or towards another person is a misdemeanor offense. This statute only applies when the discharge of the firearm does not result in harm or injury to property or other individuals. Those who are convicted of this offense may receive up to one year in jail and up to a $500 fine.

If you willfully or wantonly use, carry, or discharge any firearm without taking reasonable care injuring others or damaging property, you may have committed a misdemeanor offense pursuant to MCL §752.863a. A conviction may result in up to 90 days in the county jail, a $100 fine, and the costs of prosecution.

As with other related gun charges, the court also may order individuals convicted under this section to have their hunting licenses suspended for up to three years. However, given the similarities between these laws and §752.861 and 752.862, it may be worthwhile to talk to a lawyer in Michigan about what specific negligent discharge of a firearm charge you are facing.

The negligent discharge of a firearm can and often does result in criminal charges, whether it occurs during a holiday celebration, at a protest, or in a heavily populated area. Since the ensuing consequences of these offenses may be severe, working with a Michigan negligent discharge of a firearm lawyer may be useful in resolving your charges in the most positive manner possible.

Getting legal representation when you are facing firearms-related offenses can be the most effective way to ensure that your rights are protected. Legal advocacy on your behalf is important for developing a strong defensive strategy to handle your case, so call today to set up an initial consultation and see what may be possible for you.