Under Utah law, discharging a firearm can be a felony criminal offense under some circumstances. If you are facing prosecution for firearm discharge or for other criminal charges, having the right attorney is vital.
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Elements of a Firearm Discharge Case in Utah
Under the Utah criminal code, section 76-10-508, it is a crime to discharge a firearm from an automobile or other vehicle. The same section of the Utah criminal code also prohibits shooting a gun “from, upon, or across any highway” as well as shooting at road signs, railroad equipment or facilities, communications equipment including lines, poles or other transmission equipment and also within certain distances from houses and other buildings.
Although this section of the Utah criminal code designates this charge as a misdemeanor, there are circumstances under which discharging a gun can be filed as a felony. Utah Code 76-10-508.1 imposes felony penalties for discharging a firearm under several specific circumstances. If the firearm is discharged in the direction of any person, vehicle, or “habitable structure” then felony penalties can apply.
Potential Penalties for Unlawfully Discharging a Firearm
Whether you are facing felony or misdemeanor prosecution, prosecutors and judges take firearms cases seriously. A felony conviction for unlawful discharge of a firearm under Utah Code 76-10-508.1 is punishable by a prison term of not less than three years. Depending on whether injuries are caused as a result of the firearm discharge, maximum penalties can be imposed for terms of up to 5 years, 15 years, or potentially life in prison. A misdemeanor conviction for unlawful discharge of a firearm under Utah Code 76-10-508 is punishable by up to six months in jail.
The best attorneys understand your case involves more than just what happens in court.
Finding a Utah Criminal Defense Attorney
Stephen Howard is an experienced Utah criminal defense attorney who represents clients charged with firearms violations and other criminal offenses throughout the state. His track record speaks for itself. If you are facing criminal prosecution for the unlawful discharge of a firearm, you need an experienced criminal defense lawyer on your side.
Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout Utah. If you have been charged with a crime, contact us to learn how Stephen Howard can help you.
