Unlawful Discharge of a Firearm

North Carolina law strictly regulates the use and possession of firearms. One of the most strictly enforced gun crimes in the state involves the unlawful discharge of a firearm, specifically, into an occupied property. If you’re facing charges of unlawful discharge of a firearm into an occupied property, you may find yourself looking at a lengthy prison sentence if convicted, so it is essential to have an experienced Charlotte gun crimes lawyer by your side to protect your interests.

At the Olsinski Law Firm, PLLC, we’re a team of highly skilled criminal defense attorneys with specific experience handling all types of gun crimes and weapon offenses, including unlawful discharge of a firearm. We’re familiar with the best defenses to weapons crimes and how to use them to ensure your recent arrest has as little impact on your future as possible.

Under North Carolina General Statutes § 14-34.1, it is a crime to willfully fire a gun in certain areas and while on certain types of property. There are a few different ways to violate § 14-34.1.

Firing a Gun into an Occupied Property

North Carolina’s unlawful discharge of a firearm statute makes it a Class E felony to fire any gun into any “building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure” while it is occupied. Class E felonies are punishable by up to 63 months in prison.

Discharging a Weapon into an Occupied Dwelling

If you were to fire a weapon into an occupied dwelling, which is a building designed for overnight accommodation, the offense will be considered a Class D felony. A conviction for a Class D felony is punishable by a sentence between 38 and 160 months in prison.

Unlawful Discharge of a Firearm Resulting in Serious Bodily Injury

Regardless of the type of occupied building, if the discharge of a weapon resulted in another’s serious bodily injury, the offense becomes a Class C felony. A Class C felony carries a prison term between 44 months and 182 months.

If you’ve been charged with any unlawful discharge crime in Charlotte, it is essential to have an experienced criminal defense attorney by your side at every step of the way.

Is Accidentally Discharging a Firearm Still a Crime?

Yes, recklessly discharging a weapon into a building may still be a crime, although it wouldn’t necessarily rise to the level of unlawful discharge of a firearm into an occupied structure. However, if you accidentally discharged a gun, it is likely that you lacked the necessary mindset to face criminal charges.

Can I Still Be Prosecuted if Police Never Located the Firearm?

Yes, as is the case with most firearm offenses, there is no requirement that the police recovered the firearm as evidence. To be found guilty of unlawfully discharging a firearm, the only evidence the prosecution needs is witness testimony; however, not having the firearm as evidence certainly makes the government’s case much harder to prove because it enables your Charlotte gun crimes lawyer to challenge the credibility of the witness who claimed to observe the incident.

If you were recently arrested and charged with the unlawful discharge of a firearm into an occupied building, reach out to the Olsinski Law Firm, PLLC, to get started working on your case today. At the Olsinski Law Firm, PLLC, we take pride in helping good people who’ve been charged with serious crimes move past their arrest and on with their lives. We have successfully represented countless clients charged with Charlotte gun crimes and know what it takes to secure the best possible outcome—in even the toughest cases. To learn more, and to schedule a free consultation today, contact the Olsinski Law Firm, PLLC, by calling 705-405-2580 to schedule a free consultation. You can also connect with one of our attorneys by completing our secure online contact form.