A conviction for Violent Crimes such as the Discharge of a firearm into an occupied structure can lead to a state prison sentence. There are a considerable number of offenses that a person can commit under Pa law relating to the use of firearms. One of the more serious offenses that a person can be charged with is the discharge of a firearm into an occupied structure. firearm charges This offense is defined under section 2707.1 of the Pa criminal code. It is essentially the act of firing a weapon at any building or car that is occupied by people. This offense is a felony of the third-degree and with it comes a sentence of up to seven years incarcerated. It is important to note that this act does not involve injury to anyone. To be charged under this statute all that the prosecution needs to prove is that the firing of a firearm into any structure that is occupied took place.
Built into the statute of the Violent Crimes charge of Discharge of a firearm into an occupied structure are two defenses. The first defense against this charge relates to officers who use their firearm in the line of duty. strangulation The officer cannot be charged with this offense if he was acting within his duties and happened to fire his firearm into an occupied structure or car. The second defense built into this offense relates to hunters. There are two conditions that must be satisfied in order for the defense relating to hunters to hold up. First, the firearm must have been fired from a location in which hunting is permitted. The second, is that the person who fired the firearm must prove that they did not knowingly or recklessly fire into the structure. The burden of proof would lie on the defense to prove this, which is a pretty high burden. Both conditions must be met in order for the defense to hold up. Due to the seriousness of the offense, it is important to have good legal representation who can look at the facts of your case and help you establish a defense. The attorneys at the Law offices of Kelly and Conte are experienced and will fight to produce the best outcome given the facts of your case.