California Penal Code Section 246 PC: Shooting At An Inhabited Dwelling Or Occupied Car

1. Definition and Elements of the Crime

shooting firearm

The California legislature has recognized the serious risk associated with shooting firearms into houses, cars or other places where people reside. Bullets can travel through walls and often cause unintended consequences for completely innocent victims. As a result, shooting at an inhabited dwelling or occupied car under California Penal Code Section 246 PC is a felony-level offense that can send someone to prison for a long time.

To prove someone guilty of shooting at an inhabited dwelling or occupied car, a prosecutor must be able to establish the following elements:

  1. The defendant willfully and maliciously shot a firearm.
  2. The defendant shot the firearm at an inhabited house or camper, occupied building or occupied car or aircraft.
  3. The defendant did not act in self-defense.

Someone acts maliciously when he or she intentionally does a wrongful act or acts with the intent to disturb, defraud, annoy or injure someone else.

A house or building is inhabited as long as some uses it as a dwelling whether or not someone is actually inside it at the time of the shooting.

The firing of a firearm within a house or other dwelling does not constitute a violation of California Penal Code Section 246 PC, however, shooting from inside an apartment into the apartment below would violate the statute.

Someone can be charged with shooting at an inhabited dwelling even if they did not personally shoot the firearm, as long as they aided and abetted a shooting.

2. Examples

In order to scare a rival, a group of young men drive past the rival’s house and one person shoots at the house. No one is home at the time. The entire group could be charged with shooting at an inhabited dwelling even though there was only one shooter.

In another example, a man is cleaning his firearm when it accidentally discharges. The bullet goes through the wall into the apartment next door. This man could not be charged with shooting at an inhabited house because his conduct was neither willful nor malicious.

3. Related Offenses

Other similar or related offenses include:

  1. Assault with a firearm - California Penal Code Section 245(a)(2) PC
  2. Carrying a Loaded Firearm in a Public Place or in a Vehicle – California Penal Code Section 25850 PC

4. Defenses to Shooting at an Inhabited Dwelling or Occupied Car

If the defendant did not intend for the firearm to discharge, he or she could validly raise an accident defense to counter any criminal charges of shooting at an inhabited dwelling or car.

In addition, there may be circumstances in which a valid self defense claim applies if the act of shooting was committed in order to protect oneself of another person from an immediate threat of harm.

5. Penalties

Shooting at an inhabited dwelling or occupied car is a felony-level offense that can be punishable by up to seven years in prison. If a victim suffers great bodily injury or dies as a result of the shooting, the defendant could be sentenced to an additional 25 years to life. A conviction for this offense would also trigger a lifetime ban on owning or purchasing firearms.

6. Criminal Defense for Shooting at an Inhabited Dwelling or Occupied Car Cases

Shooting at an inhabited house or car is a serious offense that can carry significant prison sentences. If you or someone you know are under investigation for this offense, it is crucial to consult with a Los Angeles Criminal Defense Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut has handled serious felonies of this nature as both a prosecutor and a defense attorney. Mr. Kraut has extensive experience in handling major felonies, and works tirelessly to ensure his clients receive the best representation possible. Mr. Kraut is highly regarded throughout the court system as a formidable advocate who has a deep knowledge of the law.

For more information about shooting at an inhabited dwelling or occupied car charges, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
Today
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.