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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.

Careless, Reckless, or Negligent Use of Firearms

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.

Discharging a Firearm While Aimed or Pointed at Another without Malice

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.

Reckless, Wanton Use, or Negligent Discharge of Firearms

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.

Call a Michigan Negligent Discharge of a Firearm Attorney

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.

Client Reviews
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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.