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Fresno Firearm Attorney

PC 246: Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited house car, as defined in Section 362 of the Vehicle code, or inhabited camper, as defined in Section 243 of the Vehicle Code is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year.

As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.

What are the elements of PC 246?

1. Defendant unlawfully discharged a firearm at an inhabited or occupied dwelling or motor vehicle.

2. The discharge of the firearm was willful and malicious.

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