Discharging a firearm without malice is a serious offense, given the legal implications. Below, George Law criminal defense lawyers explain some key aspects of this law, including the penalties and defenses that might be applicable and why you should speak with a lawyer if you have been charged.
Michigan Law for Discharging A Firearm Without Malice
The main focus of Michigan Compiled Laws Section 750.234 is on the discharge of a firearm under particular circumstances.
The law specifies a situation where an individual discharges a firearm while intentionally aiming it at or towards another person. Malice, in legal terms, usually implies intent to harm or ill-will. In this context, “without malice” means the person did not intend to harm or act with hostility towards the other person.
Also, the law applies when the discharge of the firearm does not result in any injury to another person. If an injury occurs, other, more severe charges could apply.
Penalties for Discharging A Firearm Without Malice – MCL Section 750.234
Under this law, discharging a firearm without malice is considered a misdemeanor. The penalties include imprisonment for not more than one year, a fine of not more than $500, or both.
Defenses
When facing charges under Section 750.234, several specific defenses might be applicable. These defenses are based on the elements of the statute and the circumstances of the incident.
Lack Of Intent
If the firearm was discharged accidentally, and there was no intention to aim the gun at or toward another person, this defense could be applicable. The law specifies intentional aiming, so proving the discharge was accidental could negate a key element of the crime.
Self Defense
In cases where there was an intention to aim the firearm at someone but it was done in self-defense or in defense of others, this might constitute a valid defense.
Mistake Of Fact
If the person believed that the firearm was unloaded, this might be a defense. This is especially relevant if the belief was reasonable under the circumstances, demonstrating that there was no intention to discharge a live firearm towards another person.
Police Officer Exception
If the individual discharging the firearm was a police officer and was acting within the scope of their duties, this is a clear exception under the statute. This defense is applicable to police officers from Michigan, other states, or the United States who are performing their official duties.
Frequently Asked Questions
Under Michigan law, if an individual intentionally aims a firearm at another person but does so without malice, meaning there is no intent to harm or act with hostility, they may be charged under this law. This specific condition separates it from more severe offenses where malicious intent is present.
This particular Michigan law applies when the discharge of a firearm does not result in injury. However, it’s important to note that causing injury could lead to more severe charges, including felonies.
Violating this section can lead to imprisonment for not more than one year, a fine of not more than $500, or both.
Several defenses might be applicable, including accidental discharge, self-defense, and a reasonable belief that the firearm was unloaded.
Firearm Crime Lawyers In Michigan
If you’re facing charges under Section 750.234 or have concerns about another Michigan gun crime offense, don’t hesitate to reach out to George Law criminal defense lawyers for professional guidance. Contact George Law at (248) 247-7459 or connect with us online for a consultation. Our team is ready to discuss your case and protect your rights.