Utah recognizes the rights of residents to keep and bear arms as guaranteed under in the Second Amendment to the United States Constitution, but discharging a firearm in certain situations can constitute a criminal offense in the Beehive State. Even when such incidents are the result of misunderstandings or honest mistakes, prosecutors may aggressively pursue harsh penalties against alleged offenders.
Discharging a firearm in certain settings may be a felony offense possibly punishable by imprisonment and steep fines. Additionally, a conviction can result in an alleged offender also losing his or her rights to possess a firearm.
Salt Lake City Felony Discharge of a Firearm Lawyer
Darren Levitt of Levitt Legal, PLLC can help you avoid severe penalties and consequences if you have been arrested for allegedly discharging a firearm in Utah. He is experienced and knowledgeable in all areas of criminal defense, including gun, firearm and weapon violations.
Our Utah felony discharge of a firearm attorney aggressively defends clients throughout Salt Lake County, including Murray, South Jordan, Riverton, West Jordan, Draper, Cottonwood Heights, Midvale, West Valley City, and Taylorsville. Call (801) 455-1743 today for a free consultation that will allow our firm to review your case.
Felony Discharge of a Firearm Charges in Salt Lake County
You may be charged with this crime if you are accused of:
- Firing a gun in the direction of one or more people, knowing or having reason to believe a person may be endangered by firing the gun
- Firing a gun in the direction of any person or “habitable structure” with intent to intimidate or harass
- Firing a gun in the direction of any vehicle with intent to intimidate or harass
Felony discharge of a firearm, as defined by Utah Code § 76-10-508.1, is classified as:
- A third-degree felony if no injury results
- A more serious second-degree felony if it is claimed that an injury resulted from the gunshot, even if the injury was unintentional or nobody was not directly hit by the gunshot
- An even more serious first-degree felony if it is claimed that a serious bodily injury resulted from the gunshot
Salt Lake City Felony Discharge of a Firearm Penalties
If you are convicted of this crime, you will be sentenced to a mandatory minimum of three years in prison. Depending on the degree of the charge, conviction can result in a sentence of up to:
- Five years for a third degree felony conviction
- 15 years for a second degree felony conviction
- Life imprisonment for a third degree felony conviction
If the gun was fired from inside a vehicle, your driving license will be suspended or revoked.
A conviction can also result in a fine of $5,000 for a third degree felony or $10,000 for a second or third degree felony, along with restitution and surcharges. Additionally, such a conviction may result in a lifetime ban on possession of guns or ammunition, in addition to other consequences resulting from having a firearms felony on a permanent criminal record.
Exceptions to the Felony Discharge of a Firearm Law in Utah
There are some exemptions to this law. If you fire a gun in an otherwise lawful defense of yourself or others, that is not felony discharge of a firearm. If you fire a gun from a vehicle at a firing range or training ground in a manner otherwise legal and approved by the owner or operator, such actions do not constitute felony discharge of a firearm.
It is important to work with skilled legal counsel when facing these types of charges. If an alleged offender is not exempt from prosecution, he or she may have other possible defenses—such as a lack of criminal intent—that help get charges reduced or dismissed.
After being arrested or charged with allegedly discharging a firearm, you should immediately contact an experienced criminal defense attorney. Levitt Legal, PLLC fights to protect the rights of clients in Tooele County, Davis County, Utah County, Salt Lake County, Wasatch County, Morgan County, Box Elder County, Summit County, Cache County, and Weber County.
Call (801) 455-1743 right now to discuss the facts and circumstances of your case with our Utah felony discharge of a firearm attorney and possible defenses to help you obtain the best possible outcome. Darren Levitt will thoroughly investigate to determine all possible mitigating factors that can be used in developing a strong legal defense.