Aiming or Discharging a Firearm Without Malice

The American public has become wary of firearms in recent years, which has resulted in more restrictive gun laws in some states. Michigan law establishes various offenses related to aiming, pointing, or discharging a firearm, some of which are misdemeanors and others of which are felonies.

In the same vein, there are all types of restrictions on the individuals who may have a firearm, where they could have one, and what they may do with one. Individuals who legally possess firearms could also run afoul of the law in many different circumstances.

If you are charged with any firearms offenses for an action involving no ill intent on your part, you may wish to get legal advice from a Michigan aiming or discharging a firearm without malice lawyer prior to resolving your case. A gun defense attorney who is familiar with Michigan law could help you determine exactly what your specific charges implicate you doing and work to address those charges productively and efficiently.

Some offenses Michigan attorneys encounter that involve the aiming or discharging a firearm at someone else may be less severe than others since they do not involve malice or injuries to others. While they still involve intentional acts, state law classifies these offenses as misdemeanors. While authorities could investigate the alleged crime, a Michigan aiming or discharging a firearm without malice lawyer could build a defense against any allegations law enforcement uses against the accused.

Under Michigan Compiled Laws §750.233, an individual who intentionally—but non-maliciously—points or aims a firearm directly at or in the direction of another person commits a misdemeanor offense under Michigan law. The potential penalty for this offense is up to 93 days in jail, a maximum fine of $500, or both.

As dictated by MCL §750.234, individuals who discharge a firearm with intent but without malice while it is aimed at another person commits a misdemeanor if that discharge does not result in injury. This offense carries a maximum sentence of one year in jail and a $500 fine, or both.

Other offenses that may entail the aiming, pointing, or discharging of a firearm in a manner that endangers others are felonies that carry the potential for long prison sentences and thousands of dollars in fines—consequences which may further necessitate the assistance of an aiming or discharging a firearm without malice attorney in Michigan. The penalties could increase progressively if the offense results in serious bodily injury, serious impairment of a bodily function, or death.

Individuals who intentionally fires a gun from any type of vehicle commit a felony pursuant to MCL §750.234a. This may include snowmobiles or off-road vehicles. If the discharge of the firearm endangers the safety of another person, the maximum sentence of imprisonment is ten years and the maximum fine is $10,000. As the injuries become serious or fatal, the maximum possible prison sentence increases, as does the amount of the maximum possible fine.

MCL §750.234b establishes the felony offense of intentionally discharging a firearm at a dwelling or potentially occupied structure whether the dwelling or structure is occupied at the time. The penalties for this offense mirror those for intentionally discharging a firearm from a motor vehicle. There may be an increase in severity depending on the extent of the injuries resulting from the offense.

The severity of the potential penalties for aiming, pointing or discharging a firearm depends on the particular circumstances of the offense and the degree to which anyone else is injured as a result. Since potential penalties may include steep fines and years of imprisonment, the benefits of contacting a Michigan aiming or discharging a firearm without malice lawyer at the outset of your case cannot be overstated.

The Michigan legislature takes offenses involving firearms seriously, and even firearm-related actions that do not result in any harm can still lead to criminal prosecution. Call today to get personalized advice for your situation.