Discharging a Firearm into Occupied Property in North Carolina: Know the Law and Protect Your Rights

Discharging a firearm into occupied property is a serious criminal offense in North Carolina, carrying severe penalties that can have a lasting impact on your life. Understanding the legal landscape and your rights is crucial if you or someone you know is facing these charges. At Doermann Edwards, PLLC, we are committed to providing expert legal representation to help you navigate these complex legal challenges.

Understanding the Law: Under North Carolina General Statute § 14-34.1, discharging a firearm or barreled weapon into any occupied building, structure, vehicle, aircraft, watercraft, or other conveyance is classified as a Class E felony. The law specifies that the weapon must be capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per second. If the discharge occurs into an occupied dwelling or occupied vehicle in operation, the offense is elevated to a Class D felony.

Key Elements of the Offense:

1. Willful or Wanton Discharge: The accused must have willfully or wantonly discharged or attempted to discharge the firearm.
2. Occupied Property: The property must be occupied at the time of the discharge.
3. Type of Property: The offense applies to buildings, structures, vehicles, aircraft, watercraft, or other conveyances.

Legal Consequences: The penalties for discharging a firearm into occupied property are severe and can include imprisonment, fines, probation, and a permanent criminal record. The specific sentence depends on factors such as the severity of the offense, the presence of aggravating circumstances, and the defendant’s prior criminal record. For a Class E felony, the sentencing range can vary from 15 to 63 months in prison, while a Class D felony can result in 38 to 160 months of imprisonment.

Defending Against Charges: Facing charges of discharging a firearm into occupied property can be overwhelming, but there are legal defenses that can be employed to challenge the prosecution’s case. An experienced criminal defense attorney can investigate the circumstances of your arrest, examine the evidence, and develop a strategic defense tailored to your case. Potential defenses may include:

• Unlawful Search and Seizure: If law enforcement conducted an illegal search or seizure, the evidence obtained may be inadmissible in court.
• Lack of Intent: Challenging the prosecution’s claim that you intended to discharge the firearm into the occupied property.
• Mistaken Identity: Proving that you were not the person who discharged the firearm.
• Entrapment: Demonstrating that law enforcement induced you to commit the crime that you would not have otherwise committed.

Consequences of a Conviction: A conviction for discharging a firearm into occupied property can have long-term consequences beyond the immediate legal penalties. It can affect your employment opportunities, housing options, and educational prospects. Additionally, a felony conviction can result in the loss of certain civil rights, such as the right to vote or possess firearms. It is essential to understand these potential impacts and work with a knowledgeable attorney to mitigate them.

Why Choose Doermann Edwards, PLLC? At Doermann Edwards, PLLC, we understand the complexities of North Carolina’s firearm laws and are dedicated to providing top-notch legal representation for individuals facing charges of discharging a firearm into occupied property. Our team of experienced attorneys is committed to achieving the best possible outcome for our clients through personalized and aggressive legal strategies. We take a compassionate approach to each case, ensuring that our clients receive the attention and support they need during this challenging time.

Our Services:

• Criminal Defense: Experienced legal defense for discharging a firearm into occupied property and other criminal charges. We have a proven track record of successfully defending clients against serious felony charges.
• Personal Injury: Representation for victims of physical injury due to firearm-related incidents. If you have been injured as a result of a firearm discharge, we can help you pursue compensation for your injuries.
• Veterans Issues: Experienced legal support for veterans facing legal challenges. Our firm is dedicated to serving those who have served our country, providing tailored legal services to address the unique needs of veterans.

Contact Us Today: If you or someone you know is facing charges of discharging a firearm into occupied property, contact Doermann Edwards, PLLC, for a free consultation. Our experienced attorneys are ready to help you navigate the legal process and protect your rights. We understand the stress and uncertainty that comes with facing criminal charges, and we are here to provide the support and guidance you need.

Address: 114 N Elm St, Suite 400, Greensboro, NC, 27401 Phone: (336) 314-3749 Website: Doermann Edwards, PLLC

Don’t wait—reach out to us today to secure the legal representation you deserve. Our team is dedicated to providing the highest level of legal service, and we are here to fight for your rights every step of the way. Please fill out our contact form here.