What is a Drive-By Shooting in California?

What is a Drive-By Shooting in California?

What is a Drive-By Shooting in California?

Drive-by shooting makes great action scenes in movies, but the reality is quite different.

Drive-by shootings like the one that took place in Kern this summer are terrifying. They are unpredictable, deadly, and it’s not uncommon for innocent bystanders to be hurt or even killed. A single drive-by shooting can seriously change the tone of a neighborhood.

California defines a drive-by shooting as a crime that takes place when a shot is fired from a vehicle. It doesn’t matter if you fire a pistol, BB gun, rile, or arrow from the car, it’s a drive-by shooting.

Many people assumed that they will only be charged with drive-by shooting if they are the ones who fired a weapon. That’s not the case at all. When you read California’s Penal Code 26100 PC you’ll discover that you can be charged with a drive-by shooting if you:

✦ Fire a weapon while in a car
✦ Own the car the weapon was fired out of
✦ Knowingly permit a passenger to carry bring a weapon that violates Section 25850 or Section 2006 of the Fish and Game Code into your vehicle

If you’re found guilty of a drive-by shooting in California, you can be charged with either a felony or a misdemeanor. The state considers drive-by shooting to be a crime unto itself. The judge can sentence you to spend the next seven years of your life in a California state prison. That is only for the act of firing a gun from a car. The state can also charge you with things like murder, assault, shooting at an inhabited dwelling, assault with a firearm, and aggravated mayhem.

There are a few plausible defenses that can be used to fight drive-by shooting charges. These include:

✦ Proving that you shot the weapon in self-defense
✦ Proving you didn’t know a passenger brought a gun in the car and/or that they were about to use it in a drive-by shooting

A conviction of drive-by shooting does impact your ability to own a gun. If the court only pursued a misdemeanor charge, you will be prohibited from owning a gun for ten years. If you were found guilty of a felony drive-by shooting you’ll never be allowed to legally own a gun again.

If you’re charged with a drive-by shooting, it’s in your best interest to find a criminal lawyer who has experience with this type of crime and follow all of their instructions.

Tags
RECENT BLOG
The Truth About Doxing

The Truth About Doxing

While it’s possible you’ve never heard the term doxing, you’ve likely seen examples of it. Doxing, which is a shortened ...
Read More
3 Common California Felonies

3 Common California Felonies

The state and federal law books are full of felonies, but court officers, lawyers, and police officers will quickly tell ...
Read More

Streaking in California

Streaking is one of those things that happens sometimes. It most commonly takes place at sporting events, but will sometimes ...
Read More

California’s Take on Arson

Many people are surprised by how many arson cases occur in California during a single year. It’s one of the ...
Read More
Disorderly Conduct in California

Disorderly Conduct in California

One of the problems with California’s legal system is that sometimes it’s difficult to know that you’re breaking the law ...
Read More
Public Intoxication Laws in California

Public Intoxication Laws in California

Everyone knows that if you get behind the wheel and drive your car after you’ve had too much to drink ...
Read More