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California Penal Code 26100 | Shooting from a Motor Vehicle

Posted in California Law,Criminal Defense on August 29, 2024

California lawmakers often take an uncompromising approach to gun laws, so they have made specific laws prohibiting the discharge of firearms from motor vehicles. These laws are also intended to reduce gun violence and drive-by shootings. A conviction of this charge can result in the loss of your freedom and damage to your reputation. Let a Riverside firearm crimes defense lawyer help with your case and safeguard your rights.

What Is California Penal Code 26100?

A person can face criminal charges under California Penal Code 26100 for doing any of the following:

  • Willfully and maliciously discharge a firearm from a motor vehicle
  • Knowingly allow another person to carry a firearm in a motor vehicle they own or are driving
  • Knowingly allow another person to discharge a firearm from a motor vehicle they own or are driving

Willfully means you committed the act willingly or on purpose. Maliciously means you acted with the intent to injure or disturb another person.

Penalties for Violating Penal Code 26100

The potential penalties for violating Penal Code 26100 depend on which aspect of the crime you are charged with. If you allow another person to carry a gun into a motor vehicle you are driving or own, it is a misdemeanor offense. If you allow another person to discharge the firearm, you can be incarcerated in a county jail for up to one year or in a state prison for 16 months, two years, or three years. If you are the person who discharged the firearm from a motor vehicle, you can be imprisoned in a state prison for three, five, or seven years. You also face possible fines between $1,000 and $10,000.

Call a Riverside firearm crimes defense lawyer

Potential Defenses to Shooting from a Motor Vehicle

Various defenses may apply to criminal charges for violating Penal Code 26100, such as:

  • No knowledge of the gun – If you are charged with this offense because a passenger carried or discharged a firearm in your vehicle, we may be able to present a lack of knowledge defense if you did not know they had a gun.
  • Lack of a willful or malicious act – If you did not intend to hurt anyone by discharging the firearm, we may be able to argue that there was no willful or malicious act. For example, the gun could have accidentally discharged, which does not involve any type of willful or malicious act.
  • Self-defense – If another person fired a weapon at you or otherwise placed you in fear of imminent danger, causing you to fire the firearm in response, we can explore the option of presenting a self-defense claim.
  • Defense of others – Likewise, if you fired the weapon to defend someone else, such as another passenger in the vehicle, this could be a viable defense.

Graham D. Donath is a board-certified criminal defense lawyer. He can meticulously review the evidence in your case and the surrounding circumstances to craft a personalized legal strategy.

Call a Riverside Firearm Crimes Defense Attorney for a Free Consultation

Our experienced criminal defense legal team at the Law Offices of Graham D. Donath, APC are here to assist you. Learn more about how we can help when you contact us online or call (951) 667-5293.