If you’ve been accused of improper discharge of a firearm in Bellefontaine or Columbus, you might be wondering how you could be facing criminal charges for an accident, especially if nobody was hurt. You probably feel bad about what happened, but you know you didn’t mean for the gun to go off.
However, that’s not the issue with a charge of improper discharge in Ohio. If you’re facing this charge, you need a strong criminal defense to preserve your rights, and potentially your freedom. McNamee Defense will be in your corner with practical advice and aggressive courtroom advocacy from your first contact with the firm until your case is over.
Contact McNamee Defense’s accidental shooting defense lawyer today and we’ll begin working on your legal strategy. The sooner you get in touch, the sooner our gun rights defense lawyer can begin helping you.
What is an Improper Discharge Charge in Columbus?
Improper discharge of a firearm charges have a lot to do with where the discharge happened. Two Ohio statutes list where it’s against the law to fire a weapon:
- Ohio Revised Code 2923.161 makes it a crime to discharge a firearm at or into an individual’s permanent or temporary habitation, or school safety zone. It’s also a crime to discharge a firearm within 1,000 feet of a school with the intention to cause physical harm, panic or fear of physical harm, or the evacuation of the school.
- ORC 2923.162 prohibits discharge within a cemetery or within 100 yards of one (except with permission), park, lawn, pleasure ground, orchard, or other ground attached to a school, church, inhabited dwelling, charitable institution, public road or highway, or private property of another party.
Except for the section of ORC 2923.161 dealing with discharges in or near school grounds, intent is not a factor in these crimes. In other words, whether the defendant meant to fire or not often does not matter. What counts is whether the gun went off or not.
Location also plays a huge role in the level of crime you could be charged with. Charges range from a fourth-degree misdemeanor to first-degree misdemeanor, to third-, second- and first-degree felonies.
- A fourth-degree misdemeanor can result in a sentence of up to 30 days in jail and a maximum fine of $250. However, many defendants avoid jail and are sentenced to probation instead.
- A conviction or guilty plea to a first-degree misdemeanor can lead to up to six months in jail and a fine of up to $1,000, though the judge has a great deal of discretion in imposing sentence, and may sentence you to lesser punishments like community service. As long as you complete the terms of the sentence, you should avoid incarceration.
- A conviction or guilty plea for a third-degree felony carries a mandatory minimum sentence of nine months in prison and a maximum of three years, plus fines, and up to three years of post-release control (parole) once released.
- For a second-degree felony conviction or guilty plea, the standard prison sentence is for between two and eight years. You can be fined up to $15,000 and face up to five years of PRC after you are released from prison.
- A first-degree felony carries a standard sentencing range of three to 11 years in prison, as well as a maximum fine of $20,000, as well as up to five years PRC.
In addition, a felony conviction has a profound impact on your rights, including your right to vote – and your right to bear arms.
Losing Gun Rights in Columbus or Bellefontaine
Many people in and around Columbus cherish their right to own or possess firearms. Whether for hunting, recreation, collecting, or protection, guns play an important role in many lives. Even if you avoid a long jail or prison sentence, losing the right to own or possess a firearm because of an accident or mistake can be devastating.
Our Bellefontaine gun charges defense attorney understands what you’re going through. McNamee Defense is committed to using the law to preserve our clients’ Second Amendment rights whenever possible. Because we understand Ohio’s criminal law system thoroughly, we consider implications that you might not, including gun ownership rights. Your lawyer will inform you of your options with this and every other consideration in mind, so you have the full story before you decide how to proceed with your defense strategy. It’s vital that you contact McNamee Defense before pleading guilty to an improper discharge of a firearm charge or accept a plea deal offered by the prosecution.
Taking Charge of Your Defense
McNamee Defense provides robust, active defense against charges related to an accidental shooting. Instead of accepting the police and prosecution’s version of events, we examine the evidence closely for weaknesses in their case. These can refute the facts presented against you, or they can expose procedural errors that violated your rights.
For example, the chain of custody rule requires law enforcement to thoroughly document possession of evidence, so that it’s clear who possessed it or transferred it to another individual at any given time. Gaps in that record can raise the risk of the evidence being tampered with, which can lead to courts not admitting that item as evidence at trial. Other common procedural mistakes include not reading you your Miranda rights during your arrest and continuing to question you after you’ve invoked your right to have an attorney with you during interrogations.
Questions about procedure and the facts can be powerful defense tools. Our attorney isn’t afraid to take any case to trial and present your case before a jury. He can also use problems in the prosecutor’s case as leverage in plea negotiations that could keep you out of jail with your gun rights intact.
Free Consultation with an Experienced Gun Crimes Defense Lawyer
A mistake doesn’t have to define the rest of your life. Contact McNamee Defense in Bellefontaine and Columbus to schedule a free legal consultation with our gun rights defense attorney. Learn about your rights, options, and what to expect next. The conversation is confidential, and there’s no obligation to retain our services.