DISCHARGE OF A FIREARM INTO AN OCCUPIED STRUCTURE IN PENNSYLVANIA

If you accidentally fired a gun inside your home, someone else’s home, a hotel or other building, you may find yourself facing a Discharge of a Firearm Into an Occupied Structure in Pennsylvania. This is a very serious offense requiring careful examination of the facts and circumstances by an experienced criminal defense attorney.

Discharge of a Firearm Into An Occupied Structure Defined

The offense of Discharge of a Firearm Into an Occupied Structure is found at Title 18 Section 2707.1 of the Pennsylvania Crimes Code. A person commits this offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure. The term “occupied structure” includes any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business, whether or not a person is actually present. What this means is that someone does not have to be present at the time the bullet entered the room, house or structure.

Grading and Penalties for Discharge of a Firearm Into An Occupied Structure

Discharging a Firearm Into An Occupied Structure is a 3rd Degree Felony which carries a maximum of up to 7 years in jail and a fine of up to $15,000 if convicted. In addition to jail time, there are other serious consequences, which may include:

• A permanent felony record which can never be expunged under Pennsylvania law;

• The loss of one’s ability to own or purchase a firearm, or obtain a concealed carry permit;

• The loss of one’s ability to vote;

• The loss of employment, housing and/or educational opportunities;

• Paying restitution to repair damage caused by the firing of the weapon;

Defenses to the Crime of Discharge a Firearm Into an Occupied Structure

Title 18 Section 2707.1(c) sets forth the following statutory defenses:

• The person discharging the firearm was a law enforcement officer engaged in the performance of his official law enforcement duties; OR

• The person discharging the firearm was engaged in a hunting activity, the firing of the weapon took place from a location where hunting activity is lawful, and the passage of the projectile from the firearm into the occupied structure was not intentional, knowing or reckless.

Most people charged with this offense are not police officers or involved in hunting activity. In some situations, individuals who are facing serious homicide or attempted homicide charges for shooting at others will also be charged with discharging their weapon into the house.

However, most of our clients facing this offense accidentally fired the weapon for a number of reasons. We’ve represented clients who have dropped or mishandled their firearm, causing it to go off while indoors. In these circumstances, it is up to the attorney to challenge the Commonwealth’s ability to prove intent to commit the offense.

The Zuckerman Law Firm represents those charged with discharging a gun into an occupied structure.

Don’t make the mistake of believing charges will be dropped at the preliminary hearing once you explain that this was an accident. You’ve likely already told police about the accident, and they chose to charge you anyways. You need an experienced criminal defense attorney to stick up for you in court.

The Zuckerman Law Firm has prosecuted and defended those charged with the Discharge of a Firearm Into an Occupied Structure throughout Western Pennsylvania. Although we can never guarantee any particular outcome, we have helped past clients avoid jail time and criminal records for this offense. For a free consultation, please call 412-447-5580 today.