Under Michigan law, there are numerous crimes for which an individual could be charged related to the intentional discharge of a firearm. Under Michigan Law § 750.234a, it is illegal to intentionally discharge a firearm while in a motor vehicle. Under Michigan Law § 750.234b, it is illegal to intentionally or purposely discharge a firearm at or inside a building the individual knows or should have known to be currently occupied.
Further, in Michigan, intentionally discharging a firearm at a vehicle that the individual knew or should have known to be an emergency or law enforcement vehicle is illegal under Michigan Law § 750.234c.
Michigan Intentional Discharge Of A Firearm Attorney
If you have been accused of intentional discharge of a firearm in Michigan, it is imperative that you seek a skilled criminal defense attorney. Attorney Dallo at Dallo Law, P.C. has years of experience and an in-depth understanding of firearm and weapons crimes. He is prepared to utilize his skills and resources to protect your rights.
Dallo Law, P.C. represents clients in the Oakland County and Macomb County area including Waterford Township, Troy, Pontiac, Royal Oak, Clarkston, Warren, St. Clair Shores, Utica, Sterling Heights, Clinton Township, and Sterling Heights. Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation free.
Information Center
- While In A Motor Vehicle
- Near A Dwelling Or Building
- Emergency Vehicle Or Law Enforcement
- Potential Defenses
- Effects Of A Criminal Charge
- Additional Resources
While In A Motor Vehicle
Under Michigan Law § 750.234a, it is illegal for an individual to discharge a firearm while in a motor vehicle. If done so, they may be found guilty of a felony offense. Under this statute, a motor vehicle includes any type of passenger vehicle, snowmobiles, and off-road vehicles, such as ATVs or ORVs.
If convicted, the defendant will have a felony record. The crime is punishable by up to 10 years in prison and a fine of not more than $10,000. If the individual caused an injury to another person, the punishment increases to a felony punishable by a maximum 15-year prison sentence and a maximum $15,000 fine. If another person was seriously injured or impaired, the individual might have to serve up to 20 years in prison or pay a $25,000 fine. Finally, if the firearm causes death to another person, the individual may face up to life in prison or any number of years.
Near A Dwelling Or Building
Under Michigan Law § 750.234b, it is also illegal for an individual to intentionally discharge a firearm at a dwelling or building that they reasonably believe or should have a reason to believe is presently occupied. Even if the dwelling or building is not actually occupied, the crime may still be charged if the individual believes the building was occupied. The defendant may be convicted of a felony, punishable by up to 10 years in prison, up to a $10,000 fine, or both.
If the individual causes injury or serious impairment of another individual when discharging the firearm, they may face additional penalties of up to twenty years in prison and fines up to $25,000 or both. Finally, if the individual causes another’s death, the individual who discharged the firearm may face life in prison.
Emergency Vehicle Or Law Enforcement
Under Michigan Law § 750.234c, it is illegal for an individual to intentionally discharge a firearm at a motor vehicle that they know or have reason to believe is an emergency or law enforcement vehicle. If found guilty of this crime, the individual will be charged with a felony and may face up to four years in prison and a fine of $2,000.
Emergency or law enforcement vehicles may include fire department vehicles, police agency vehicles, and any department of natural resources vehicles used for law enforcement purposes. The statute also states that an individual may be found guilty of intentionally discharging a firearm near emergency vehicles if fire department personnel or first responders use personal vehicles for their assigned duties.
Potential Defenses
A defense may be able to reduce or even eliminate a drug charge. Depending on the details of the case, an experienced attorney can find defenses for the case and bring them before the judge or jury to reduce a potential sentence. In any of these crimes, the prosecution must prove that an individual used the firearm intentionally. If the prosecutor cannot prove intent, they will likely have difficulty succeeding in the case.
Under Michigan law, for an individual to have intent, they must have acted in a way that they knew or suspected would cause the result, and they were aware of the circumstances that would cause those results. If the prosecution cannot prove that the individual who fired the firearm knew about the likely results before they fired the weapon, it is likely that this charge can be defended against successfully.
Effects Of A Criminal Charge
As with any criminal conviction, a conviction of intentionally discharging a firearm in Michigan will go on an individual’s criminal record. Once an individual has a criminal record, it can be found by potential employers, housing authorities, and banks. Degrees in which the effects of a criminal record will be seen in the individual’s life will vary. The greater the weight of the charge, the more effects will be present in the individual’s everyday life.
Even though there will be many effects they may see throughout their life, like the employment opportunities and the decreased amount of loans they qualify for, there will also be other effects. Having a criminal record can impact an individual’s personal life as well. Once friends and family discover a criminal record, they may treat an individual differently. Especially with a weapons charge, there may also be other consequences, such as losing the ability to own a firearm legally as well as having the ability to be in or around a school zone during school hours.
Additional Resources
Firearm Safety|State of Michigan – This website provided by the State of Michigan provides safety-focused resources for gun owners.
Firearm Laws of Michigan|Michigan Legislature – This is a listing of all of the applicable firearm laws in Michigan.
Bloomfield Hills Intentional Discharge Of A Firearm Lawyer | Oakland County, MI
The state of Michigan prosecutes firearm and weapon crimes harshly. If you have been arrested for intentional discharge of a firearm in Michigan, it is best to seek legal representation from a defense lawyer as soon as possible. J. Dallo of Dallo Law, P.C. has been practicing criminal defense for years and understands how devastating these charges can be to your life and reputation.
He can craft a strong defense for your case and aggressively defend you in court. Dallo Law, P.C. can be found in Bloomfield Hills, but we accept clients throughout the greater Oakland County and Macomb County area including New Baltimore, Fraser, Birmingham, Sterling Heights, Clarkston, Bloomfield Township, West Bloomfield Township, and Troy. Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation absolutely free.