Legal Question in Criminal Law in California

My son was charged with 246.3 in CA (San Bernardino area) Is i t a felony or midsemeanor?


Asked on 11/12/09, 9:18 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Penal Code 243.4, negligent discharge of a firearm, is what's commonly known as a "wobbler," meaning it can be charged as a misdemeanor or a felony.

The DA has discretion to make that decision when filing the case. The judge can reduce a felony to a misdemeanor at several points during the case� even after a defendant is convicted of a felony and completes probation.

From your brief question, there is no way to tell if your son is charged with a felony or misdemeanor. This is a serious charge; if your son is convicted of 246.3 as a felony, it would be a "strike" under the Three Strikes law.

He needs a lawyer. if you can't afford to hire a private attorney, he should ask the judge to appoint the public defender.

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Answered on 11/17/09, 12:19 pm


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