Shooting At An Unoccupied Vehicle Or Building - California Penal Code 247(b)

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Strong Legal Representation for PC 247(b) Charges in California

If you have been charged with shooting at an unoccupied vehicle or building you are facing a wobbler that can be filed as a misdemeanor or a felony and prosecutors in Los Angeles treat firearms offenses aggressively regardless of whether anyone was inside the target. A felony conviction carries state prison time, the permanent loss of firearm rights, and a record that follows you into every employment application, housing inquiry, and licensing process for years. These cases are built on physical evidence gathered at the scene and that evidence needs to be analyzed and challenged from the earliest possible stage. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Shooting at an Unoccupied Vehicle or Building – California Penal Code 247(b) PC

Penal Code 247(b) PC makes it a crime to willfully and maliciously discharge a firearm at an unoccupied vehicle or uninhabited building. The critical distinction between this charge and the more serious PC 246 is occupancy. Shooting at an inhabited dwelling or occupied vehicle is always a straight felony under PC 246. Shooting at an unoccupied vehicle or uninhabited building is a wobbler under PC 247(b) with a path to misdemeanor treatment in qualifying cases.

The charge applies whether the target was a parked car, a vacant structure, a closed business, an empty garage, or any other uninhabited building. The prosecution does not need to prove that any damage was caused. Willfully firing at the structure or vehicle is sufficient regardless of whether the bullet made contact. What the prosecution must establish is that the target was actually unoccupied at the time and that the defendant acted willfully and with malicious intent.

PC 247(b) vs PC 246 — Understanding the Difference

The distinction between shooting at an unoccupied vehicle or building under PC 247(b) and shooting at an inhabited dwelling under PC 246 determines whether the defendant faces a wobbler or a straight felony. Under PC 246 the target must be an inhabited dwelling or occupied vehicle meaning people live there or someone was inside at the time. Under PC 247(b) the target must be unoccupied or uninhabited at the time of the shooting.

This distinction matters for two reasons. First it determines the sentencing exposure — PC 246 carries up to 7 years as a base sentence while PC 247(b) carries a maximum of 3 years as a felony. Second it creates a defense opportunity when the prosecution cannot reliably establish the occupancy status of the target at the time of the shooting. Our criminal defense attorney examines the evidence of occupancy in every PC 247(b) case because when the prosecution cannot prove the target was unoccupied the charge under this statute fails on its face.

What the Prosecution Must Prove

To secure a conviction under PC 247(b) the prosecution must establish all of the following beyond a reasonable doubt:

  • The defendant discharged a firearm
  • The target was an unoccupied vehicle or uninhabited building
  • The defendant acted willfully meaning the discharge was intentional
  • The defendant acted maliciously meaning with the intent to do a wrongful act or with wanton disregard for the safety of others or property

An accidental discharge does not satisfy this statute. A mechanical malfunction, a misfire, or a discharge that occurred without intent does not meet the willfulness standard. When the defendant did not intend to fire the weapon the charge cannot be sustained regardless of what the bullet struck.

Penalties for a PC 247(b) Conviction

Because this is a wobbler the District Attorney decides whether to file it as a misdemeanor or a felony based on the circumstances of the shooting, the defendant’s prior criminal history, and whether any damage or injury resulted. A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. A felony conviction carries 16 months, 2 years, or 3 years in state prison and fines up to $10,000.

Both a misdemeanor and a felony conviction result in a permanent criminal record. A felony conviction adds the permanent loss of firearm rights under California and federal law and mandatory forfeiture of the weapon involved. For non-citizens a felony conviction triggers deportation proceedings regardless of legal residency status. When a gang enhancement under PC 186.22 is alleged additional consecutive years attach to the base sentence and the total exposure increases significantly.

Legal Defenses Against PC 247(b) Charges

The Discharge Was Not Willful or Malicious

The prosecution must prove both willfulness and malice. When the firearm discharged accidentally due to a mechanical malfunction or mishandling without intent to fire the required mental state is absent. Our criminal defense attorney examines the condition of the firearm, the forensic evidence of how the discharge occurred, and any evidence inconsistent with intentional firing.

The Target Was Actually Occupied

PC 247(b) applies only when the vehicle or building was unoccupied at the time. When someone was inside the prosecution should be charging under PC 246 not PC 247(b). When the evidence of occupancy is ambiguous or when the prosecution cannot reliably establish the target was unoccupied our criminal defense attorney challenges the factual basis of the charge directly.

Mistaken Identity

Many firearms cases in Los Angeles are built on eyewitness identifications made under stressful, chaotic, and fast-moving circumstances. When the defendant was misidentified as the shooter our criminal defense attorney challenges the identification through surveillance footage, alibi witnesses, cell phone records, and forensic evidence. When the physical evidence does not connect the defendant to the shooting the prosecution cannot meet its burden.

Suppression of Evidence When the firearm or other evidence was obtained through an unlawful search our criminal defense attorney files suppression motions immediately. A successful suppression motion in a firearms case removes the primary evidence and in most cases ends the prosecution entirely.

Contact a Los Angeles Defense Attorney for PC 247(b) Charges Today

A conviction under Penal Code 247(b) PC carries state prison time and permanent consequences. With over 20 years of experience defending clients against firearms charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the evidence, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

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