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.


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