va code shooting into occupied vehicle

If convicted, the court may impose a sentence of 16 months, 2 or 3 years. Virginia Code 18.2-286.1 makes it a Class 5 felony for anyone inside of a motor vehicle to intentionally shoot a gun so that other people are put at risk of injury or death, or reasonably fear theyre at risk of injury or death. Get free summaries of new opinions delivered to your inbox! An offense under PC 246 is always a felony and is not a wobbler.. Penal Code 245(a)(2) assault with a firearm, 4.4. per second into any building, structure, vehicle, aircraft, watercraft, or 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. Assault with a firearm is another wobbler. Sign up for our free summaries and get the latest delivered directly to you. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 1. 18.2-308.7 Possession or Transportation of Certain Firearms by Persons Under the Age of Eighteen, 18.2-308.8 Importation, Sale, Possession or Transfer of Striker 12's, 52-25.1 Reporting of Confiscated Firearms, 54.1-4200 Dealers in Firearms, Definitions, 54.1-4201.1 Notification by Sponsor of Firearms Show to State Police and Local Law Enforcement, 15.2-1209.1 Counties may regulate carrying of loaded firearms on public highways, 15.2-915.2 Regulation of transportation of a loaded rifle or shotgun, 15.2-915.3 Requiring fingerprinting for concealed handgun permit. 1, 2, ch. To be convicted under this statute, the DA must prove each of the following elements2. And, of course, if you are convicted of Penal Code 246, Californias felon with a firearm law will prevent you from lawfully owning or possessing a firearm after you have served your sentence. Both additional suspects are receiving treatment for injuries at a hospital. Virginia Code 18.2-154 makes it a Class 4 felony to maliciously shoot at motor vehicles, train cars, or boats. But, they added, parents must be aware of the trend to potentially stop their children from hurting someone else. Attempted murder is always a felony, though it can be charged in the first or second degree. A violation of Penal Code 246 is charged as a felony. 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. If you are accused of firing a gun at a building or other structure, and you have a prior felony conviction on your record, you could also face charges underCalifornias felon with a firearm law, Penal Code 29800 PC.41, This law imposes criminal penalties on anyone with a prior felony conviction who knowingly possesses or receives a firearm in California.42Felon with a firearm carries an additional sentence of sixteen (16) months, two (2) years or three (3) years.43. 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. 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. Office Address: 30 Franklin Rd SW Ste 200, Roanoke VA 24011-2411. Second degree attempted murder lacks the willful or premeditated element. 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. ]), Same. If it was an assault weapon, machine gun or .50 BMG rifle, it is 4, 8 or 12 years. You also commit the offense when you fire indiscriminately into an occupied building or car or inhabited dwelling, believing that someone was there. Create a Website Account - Manage notification subscriptions, save form progress and more. 14, 15. In order for you to be guilty under California Penal Code 246 PC, your behavior must meet the legal definition of shooting at an inhabited dwelling or occupied vehicle. Public Information Office 5036 Davis Ford Road, Woodbridge, VA 22192 703-792-5123 | pwcva.gov/police Prince William County Police Department is a Nationally Accredited Law Enforcement Agency Updates Shooting into an Occupied Vehicle *ARREST - On January 4, 2023, the suspect sought in connection to the Home Criminal Defense Shooting or Throwing Missiles at Vehicle: Va. Code 18.2-154. Also note thatshooting at an unoccupied vehicle or uninhabited dwelling can be prosecuted under Penal Code 247b, a separate section. If you want to understandwhy its important to have an attorney represent you. The Peachtree City Police Department in Georgia shared an image of a young boy bloodied by an alleged assault by teens participating in the Orbeez Challenge. ]), 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.] Vehicle Code 23110 throwing objects at a motor vehicle, Penal Code 245(a)(2) assault with a firearm, Californias 10-20-life use a gun and youre done law, Penal Code 186.22 PC gang sentencing enhancement, Californias sentencing enhancement for personal use of a gun in the commission of a felony, serious felony under Californias Three Strikes law, Penal Code 246.3 PC negligent discharge of a firearm, Californias felon with a firearm law, Penal Code 29800 PC, Californias drive-by shooting law, Penal Code 26100 PC, Californias law against throwing things at motor vehicles, Vehicle Code 23110 VC, Nevada laws on firing guns into structures or vehicles., Judicial Council of California Criminal Jury Instruction (CALCRIM) 965, People v. Overman (2005) 126 Cal.App.4th 1344, People v. Stepney (1981) 120 Cal.App.3d 1016, People v. Jischke (1996) 51 Cal.App.4th 552, the Los Angeles County District Attorneys office, A man drives with his gun to his ex-wifes house and, In a fit of road rage, a woman who has just been cut off by another car, A woman sees her car being stolen in an act of, Six (6) months to one (1) year in county jail; or. in serious bodily injury to any person, the person is guilty of a Class C The defendant shot the rearm at an (inhabited house/inhabitedhouse car/inhabited camper/occupied building/occupied motorvehicle/occupied aircraft)(;/.) In fighting such a serious firearms charge, it is an enormous help to have an experienced California gun crimes defense attorney on your side. The driver's glasses and neck were hit. If Mike is charged with discharging a firearm at an inhabited dwelling, he may be able to argue that he is not guilty because he acted in defense of the child. A felony conviction also may affect your ability to get hired for a job, obtain a security clearance, or rent an apartment. Example: Chuck fires his gun into his ex-girlfriends trailer in Los Angeles. 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. As a felony, you could be incarcerated in county jail for 16 months, 2 or 3 years. We frequently see defendants charged with both firing at a dwelling or occupied vehicleandassault with a firearmfor example, in cases where they are alleged to have fired a gun at a person who was driving a car or standing outside a house. 4.1. Negligent Discharge of a FirearmCaliforniaPenalCode Section 246.3. 18.2-154. 102], People v. Jischke (1996) 51 Cal.App.4th 552, 556 [59 Cal.Rptr.2d 269], People v. Ramirez (2009) 45 Cal.4th 980, 990 [89 Cal.Rptr.3d 586, 201 P.3d 466], People v. Jones (2002) 103 Cal.App.4th1139 [127 Cal.Rptr.2d 319]. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. Many drive-by shootings are wobblers, with misdemeanor sentences up to one (1) year and felony sentences ranging from sixteen (16) months to three (3) years. LYNCHBURG, Va. (WDBJ) - More charges have been brought forward after a malicious wounding case at the Timbers Apartments along Old Forest Road Wednesday night. Box 111112 W. Main StreetOrange, VA 22960. When no one is injured, it's a Class 1 misdemeanor with penalties of up to 12 months in jail and/or a maximum $2,500 fine. [A camper is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. A. 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. 14, 15; 1992, c. 738; 2005, c. 143. 2d 594, 600 (Ala. Crim. PC 664 addresses the sentence and penalties for an attempted crime. Application for a Concealed Handgun Permit, Selected State Laws Pertaining to Firearms. in serious bodily injury to any person, the person is guilty of a Class C 9 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. Your email address will not be published. What is the crime of shooting at an inhabited dwelling? You have to be identified as the shooter. As a result, it may be worth your while to try to get PC 246 charges reduced to PC 246.3 negligent discharge of a firearm chargesparticularly if the facts are not clear as to whether you were truly firing at a building or vehicle. 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. 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. held that the offense of discharging a firearm into an occupied vehicle can be committed intentionally, knowingly, recklessly, or with criminal negligence. Encino, CA 91436, 26565 Agoura Road 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 release. A criminal record can affect job, immigration, licensing and even housing opportunities. any occupied vehicle, aircraft, watercraft, or other conveyance that is in (b) A person who willfully or wantonly discharges a weapon Around 4 p.m. on October 19, 2022, officers. In this section, we offer solutions for clearing up your prior record. This conduct exhibits a willful disregard for the safety of others. If any such act is committed unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony and, in the event of the death of any such person, resulting from such unlawful act, the person so offending is guilty of involuntary manslaughter. Below is a legal overview of what happens when a convicted felon is in possession of a firearm and when that possession may be legal. Jessica is not guilty of shooting at an occupied structure because the restaurant was not occupied when she shot at it. occupied is guilty of a Class E felony. Police arrested a man in Dumfries on Thursday after he shot an occupied vehicle before shooting a 22-year-old woman, authorities said. Disclaimer: These codes may not be the most recent version. Police in Fernandina Beach said two reported incidents of teens in their community firing these guns luckily ended with no one getting hurt. 14-34.1. Ardrius Kendrick Dews, 25, 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. CALCRIM 965 Shooting at Inhabited House or Occupied Motor Vehicle (Pen. Submit a Law Firm Client Review. Shooting at an inhabited dwelling or occupied vehicle - PC 246. [A (house/house car/camper) is not inhabited if the former residents have moved out and do not intend to return, even if some personal property remains inside. to discharge any firearm or barreled weapon capable of discharging shot, (a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state. It makes no difference for purposes of this code section if the dwelling is occupied so long as it is being used as a residence. "As you can see from the attached photos from an incident [Monday] on the cart path, these can be very painful and can cause permanent injury," the department wrote. 3. If theres evidence you didnt intend to shoot the weapon, an experienced criminal defense attorney may be able to successfully argue for dismissal of your charge. Copyright 2023 WDBJ. Or maybe you had no idea the gun was loaded when you pulled the trigger.. What are the penalties for a 246 PC conviction? 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. 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. But in fact, in the context of California law on shootingat an inhabited dwelling or occupied structure, it does. It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited . Police say evidence points to two. other conveyance, device, equipment, erection, or enclosure while it is App. 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. Please note: Our firm only handles criminal and DUI cases, and only in California. Volusia County Sheriff's Office, Fla., Twitter page, Teenagers Are Still Eating Tide Pods, But Don't Expect A Product Redesign. Code, 415(a) A motor vehicle is a vehicle that is self-propelled. Scott is not guilty of shooting a firearm at an inhabited dwelling because he did not use a firearm. bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet This is a wobbler Offense. (Jones asserts that, because his possession of the gun was incidental to and simultaneous with the primary offense of shooting at an inhabited dwelling, section 654 precluded the imposition of sentence on both offenses. In the event ofthe death of any such person, resulting from such malicious shooting orthrowing, the person so offending is guilty of murder in the second degree.However, if the homicide is willful, deliberate and premeditated, he isguilty of murder in the first degree. 18-3317. (b) A person who willfully or wantonly discharges a weapon described in subsection (a) Penal Code 247b is a less serious offense. What Does it Mean to Shoot At An Inhabited Dwelling? 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 . 18.2-78 What not deemed dwelling house 18.2-79 Burning or destroying meeting house, etc. House cars means motor vehicles that are equipped for human habitation, like trailers or RVs. This sectioncovers the act of shooting atinhabitedhouses (or other residences), house cars and campers. ; penalty The degree of felony depends on whether or not the shooting was malicious. Firearm Dened. Defendants charged with shooting a firearm at an inhabited dwelling or occupied structure frequently see their sentence increased by one of Californias sentencing enhancements. Discharging certain barreled weapons or a firearm into occupied property. Code 1950, 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. Annoyed, her downstairs neighbor Betty takes out a gun and fires it into her ceiling. Shooting from vehicles so as to endanger persons; penalty. 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, Similar to the statute covering shooting inside of or at an occupied building, when you shoot at a motor vehicle, train car, or watercraft in a way that is unlawful but not malicious, the offense is a Class 6 felony. In Virginia Code 18.2-279 the statute addressing shooting at or inside of occupied homes or buildings shooting at a school building is a Class 4 felony even if the building is unoccupied. (a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state. Definition Of Carrying An Unloaded Firearm In Public The elements of openly carrying an unloaded firearm are: You carried a handgun That was unloaded, Read More Openly Carrying An Unloaded Firearm Under California Penal Code 26350Continue, Assault with a firearmis a serious offense under California law that can result in substantialstate prisontime and astrike on your criminal record. This includes pistol whipping someone or shooting at them but not necessarily requiring that a bullet strike them. Peachtree City Police Department Specifically, if you: then you will face an additional and consecutive sentence of twenty-five (25) years to life in state prison.23. 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. Places where firing a gun generally is prohibited include occupied homes or buildings, schools and school grounds, and motor vehicles. Shooting Into an Occupied Dwelling or Vehicle. Contact us to learn how our Client-Focused Criminal Defense Team can help you for your shooting or firearm related charges in Northern Virginia. Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. Shooting, or throwing anything at, a vehicle is a serious felony offense. 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. 18.2-56.1 Reckless Handling of Firearm Generally, 18.2-279 Shooting at Occupied Building/at or Within School, 18.2-280 Shooting in Public, Within 1000 Feet of School Property, 18.2-283 Carrying Weapon into Place of Religious Worship, 18.2-283.1 Carrying Weapon to Courthouse, 18.2-287.4 Carrying Loaded Firearms in Public Areas, 18.2-300 Possession or Use of Sawed-Off Shotgun or Rifle, 18.2-308.1 Possession of Weapon on School Property, 18.2-308.1:1 Possession or Transportation of a Firearm by Persons Acquitted by Reason of Insanity, 18.2-308.1:2 Purchase, Possession or Transportation of Firearm by Persons Adjudicated Legally Incompetent or Mentally Incapacitated, 18.2-308.1:3 Purchase, Possession or Transportation of Firearm by Persons Involuntarily Committed, 18.2-308.1:4 Purchase or Transportation of Firearm by Persons Subject to Protective Orders, 18.2-308.1:5 Purchase or Transportation of Firearm by Persons Convicted of Certain Drug Offenses, 18.2-308.2 Possession or Transportation of Firearms or Concealed Weapons by Convicted Felons, 18.2-308.2:01 Possession or transportation of certain firearms by certain persons, 18.2-308.2:1 Prohibiting the Selling of Firearms to Felons, 18.2-308.2:2 Criminal History Record Check Required for the Transfer of Firearms. A conviction can lead to a sentence of up to 7 years in state prison. Call Us at (540) 343-9349. It ceases to be a dwelling if the occupants show evidence that they did not intend to return to the dwelling at any time. It might seem like the word at doesnt require any explanation. You may face serious assault charges if you used a firearm while intending to inflict force upon another person or the application of force. ; 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 16133 Ventura Blvd She regularly appears on CNN, Fox News, HLN & CBS News to provide legal insight on various legal topics. 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. The vehicle's occupant received minor injuries, according to the release. You used no more force than was reasonably necessary to defend against that danger. ([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. In other words, California law punishes throwing potentially harmful objects at motor vehicles as seriously as it takes shooting guns at occupied vehicles. 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 occupants life was in peril. 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. 179, s. 14; c. 755; 1993, c. 539, s. 1141; 1994, Ex. Code, 16520. Shooting at an occupied dwelling - PC 246. All that matters is that someone is currently using the structure as a residence.12. . felony. See also Penal Code 672 PC Offenses for which no fine prescribed; fine authorized in addition to imprisonment, endnote 5, above. Depending on the details of the allegations, s/he may be able to help you fight the charges with one or more of the followinglegal defenses: In this article, our California criminal defense attorneys explain the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. Under Penal Code 246 PC, shooting at an inhabited dwelling or occupied vehicle is the crime where people discharge a firearm at an: ", It went on to say, "Orbeez are designed for educational, creative, and sensory play and are not intended to be used as projectiles or inserted in mechanisms. Example: One night Andrea begins vacuuming fairly late. ]: A firearm is not an air rifle or BB gun, but one in which a projectile is discharged or expelled through the barrel by the force of an explosion or other form of combustion. 2003). Virginia specifically spells out offenses related to shooting at or inside a school building, or on school grounds, in a couple of statutes. Suite 200 See also Penal Code 18 PC Punishment for felony not otherwise prescribed; alternate sentence to county jail, endnote 43, above. 18.2-82 An assault is an unlawful attempt to commit a violent injury on someone else.36If you are alleged to have used a firearm to assault someone, you will be charged with assault with a firearm under Penal Code 245(a)(2) PC.37. Watch this video to understand how prosecutors approach these charges. ", Police in Peachtree City, Ga., shared images on Facebook of a boy who was hit by modified Orbeez balls while riding his bike. A preliminary investigation determined that the two incidents appeared to be related, according to police. Police say evidence points to two groups of people shooting at each other in a parking lot at the apartments. Deputies tracked down the van and charged an 18-year-old and two 17-year-olds with battery. Penal Code 246 PC Shooting at inhabited dwelling house, occupied building, vehicle, or aircraft, or inhabited housecar or camper; punishment, endnote 1, above. Californias drive-by shooting law, Penal Code 26100 PC, makes it a crime to discharge a firearmfroma motor vehicle.44. Like most crimes involving firearms, Penal Code 246 is a so-called deportable crime.29So if you are not a U.S. citizen, and you are convicted of this offenseor plead guilty to ityou can be deported. The sentence can be much longer if a victim is injured or killed. In our experience, some of the most commonly helpful defenses are: You are not guilty of shooting at a house or occupied structure if you were acting in self-defense (or defense of someone else).30. 2.2. CalCrim 965:To prove that the defendant is guilty of this crime, the People mustprove that:1. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . This felony offense carries a sentence of up to 7 yearsin stateprison. 2. Required fields are marked *. It makes no difference for purposes of this code section if the dwelling is occupied so long as it is being used as a residence. 3281, 1881; RS 2696; ss. 2005-461, s. It is not uncommon for people to be falsely accused of firing a gun at a house or vehicle. If any such act is committed unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony and, in the event of the death of any such person, resulting from such unlawful act, the person so offending is guilty of involuntary manslaughter.