MCL Section 750.234b – Discharging A Firearm In A Home Or Occupied Structure
Michigan’s laws outlining gun offenses of discharging a firearm at a place where people live. Violating this particular law carries serious legal consequences which include a substantial jail sentence and a large fine. Below, George Law criminal defense lawyers will delve deeper into what this offense entails and why you should consult with a lawyer if you have been charged.
Felony For Intentional Discharge At A Dwelling Or Potentially Occupied Structure
Michigan Compiled Laws Section 750.234b states that any individual who intentionally fires a gun at a place they know or should reasonably believe to be a dwelling (a place where people live) or a potentially occupied structure, is committing a felony. This holds true regardless of whether the place is actually occupied at the time of the shooting. The penalty for this offense includes imprisonment for up to 10 years and/or a fine of up to $10,000.
If an individual discharges a firearm in a dwelling or potentially occupied structure with reckless disregard for the safety of others, they are also guilty of a felony, facing the same penalties as above.
There are increased penalties if the act of discharging a firearm results in physical injury, serious impairment of a body function, or death of another person. The penalties range from a maximum of 15 years in prison and/or a $15,000 fine for causing physical injury, to life imprisonment for causing death.
Moreover, if convicted under this particular law, the imprisonment term may be served consecutively with any other imprisonment term for crimes arising from the same incident.
Specific Defenses
Mistake Of Fact
A key element of Section 750.234b is the requirement that the individual “knows or has reason to believe” that the structure is a dwelling or potentially occupied. If the defendant can prove that they genuinely and reasonably believed the structure was neither a dwelling nor potentially occupied, this could be a viable defense.
Lack Of Intent
The statute specifies that the act must be intentional. If the discharge of the firearm was accidental, this could serve as a defense. Demonstrating that the firearm was discharged unintentionally, such as in a case of mechanical failure or mishandling without awareness of the risk, could negate the element of intent.
Self-Defense Or Defense Of Others
The law explicitly exempts individuals who discharge a firearm in self-defense or the defense of another individual. If a defendant can establish that their actions were in response to an immediate threat to themselves or others, this defense could apply.
Official Duty By Police Officers
Police officers are exempt from this statute when performing their official duties. If the defendant was a police officer acting in the line of duty, this could be a valid defense.
Challenging The Definition Of “Potentially Occupied Structure”
The defense might argue about the interpretation of what constitutes a “potentially occupied structure.” If it can be demonstrated that the structure in question did not reasonably meet the criteria for being potentially occupied, this might be a defense.
Questioning The Evidence
As in any criminal case, challenging the evidence presented by the prosecution is a common defense strategy. This might include questioning the reliability of witness testimonies, the accuracy of forensic evidence, or the legality of how evidence was obtained.
Frequently Asked Questions
A felony is committed when an individual intentionally fires a gun at a place they know or should believe to be a dwelling or potentially occupied structure. This is applicable regardless of the actual occupancy status at the shooting time.
The penalties include up to 10 years in prison and/or a fine of up to $10,000. If the discharge results in injury or death, penalties increase significantly, potentially leading to life imprisonment.
Defenses could include mistake of fact, lack of intent, self-defense, the duty of police officers, challenging the definition of a “potentially occupied structure,” questioning the evidence, and mental state considerations.
A dwelling is a place regularly used by individuals as a home. This could include houses, condos, and apartments.
Contact George Law Gun Crime Attorneys For Legal Assistance
If you are facing charges for firing a gun at a dwelling or occupied structure, it’s crucial to seek knowledgeable guidance from a criminal defense lawyer. Contact George Law at (248) 247-7459 or online for a consultation. Our experienced criminal defense attorneys can provide insight into your case and legal options.