When it comes to guns, most of us think of serious, violent crimes that could be punishable by life in prison. But one action with a firearm is considered a misdemeanor, although it’s serious enough that it may carry a sentence of up to a year in jail. What is it? Simply stated, it’s the intentional discharge of a firearm but without the intent to harm anyone.
When the Discharge of a Firearm is a Misdemeanor
If someone legally owns a gun and shoots it off with no intent to harm anyone, why is it considered a crime at all? The factor that makes it so is that the weapon would be aimed at another person, even though there was no plan to injure that person.
Following is the related language in the Michigan Penal Code:
“A person who discharges a firearm while it is intentionally but without malice aimed at or toward another person, without injuring another person, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.”
You may also be sentenced to probation for typically one to three years.
The law may also apply to weapons such as crossbows and BB guns, and includes such things as shooting a gun from a moving vehicle or firing a gun at or into an occupied building. You also can be penalized for shooting a gun into the air in a celebratory manner, such as on New Year’s Eve, due to the fact that the stray bullet could harm another person.
Exceptions to the law include shooting a gun at the range, when hunting, and other similar activities. The accidental discharge of a firearm is usually not considered a misdemeanor in this sense.
A father and son go hunting, which is one of the exceptions to the rules regarding the discharge of a firearm.
Contact a Bail Bondsman for More Information
If someone you know has been charged with the illegal discharge of a firearm, it is important to seek help from a qualified defense attorney. The prosecutor would have to prove that the incident occurred intentionally, which can be a challenge. A defense attorney would be able to present the defendant’s side of the story with accuracy, ensuring that the defendant is given a fair trial.
If you have recently been arrested and need help to get out of jail, contact one of our Port Huron bail bond agents online or by phone at (810) 605-5555. We are available 24 hours a day, 7 days a week in order to help you as quickly and efficiently as possible.
Visit our blog page to learn more about other misdemeanors in Michigan, bail and bail bonds, and basic information about arrest and court procedures.
Tags: Misdemeanor Penalty, Port Huron Arrest, Shooting a Gun