Drive By Shooting Defense in Utah
It may seem like common sense, but you shouldn’t shoot a gun from your car. If you do, even if you’re just goofing off, it’s still a criminal offense. Moreover, the law doesn’t only apply to firearms; it applies to any dangerous weapon. A dangerous weapon is one that is capable of causing death or serious bodily injury simply in the manner of its use or intended use. Although we know it as a “drive by shooting” the legal term is “discharge of a firearm from a vehicle.” For drive by shooting defense in Utah call us at 801.413.1753 for a free consultation.
In addition to it being illegal to shoot your gun from a car, it is also illegal to discharge a firearm:
- On a highway or across a highway.
- At highway road signs;
- At communications equipment;
- At public utilities property such as facilities, lines, poles, or transmission or distribution devices;
- At railroad equipment and other railroad property;
- In Utah State Park buildings, camp and picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or
- Without written permission from the owner or person in charge of property within 600 feet of a home or animal homes.
Violation of any of the above is a Class B misdemeanor and will result in a suspension of your driver’s license.
A drive by shooting or other firearm discharge is a third degree felony offense punishable by a minimum of 3 years and a maximum of 5 years in prison if the shots are fired toward people or homes. If injury results from the shooting the penalty increases to a minimum 3 years and maximum 15 years in prison. Additionally, it becomes a second degree felony. Shooting a firearm toward a person or home becomes a first degree felony if it results in “serious bodily injury” and is minimum 5 years in prison all the way up to life in prison.
If you have been charged with discharging a firearm from a vehicle or otherwise firing a gun in an illegal manner, call our Utah lawyer for gun crimes team at 801.413.1753. You can get a free phone consultation right over the phone with our law firm concerning your drive by shooting defense in Utah.
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