In California, deliberately shooting a BB gun at another person is classified as a criminal offense. The potential consequences and charges can vary depending on the specifics of the incident. Below is an in-depth exploration of the different charges and penalties one might face. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
Battery According to Penal Code 242 PC
Battery is defined under California Penal Code 242 PC as any intentional and unlawful application of force or violence upon another person. When it comes to BB gun shooting, if someone shoots intentionally at another person and hits them, this act may indeed constitute battery as it involves the willful and unlawful use of force.
A violation of Penal Code 242 PC in California is categorized as a misdemeanor. The punishment for battery can include imprisonment in county jail for up to six months and/or a maximum fine of $2,000.
Assault According to Penal Code 240 PC
In contrast to battery, California’s Penal Code 240 PC defines the crime of assault as an attempt to apply force or violence to another person without actually doing so. Therefore, if a person shoots a BB gun at another individual and misses, they might be charged with assault. The intention to inflict violence is the core element in this case.
Assault under Penal Code 240 is also considered a misdemeanor in California. The penalties for this offense can include imprisonment in county jail for up to six months and/or a maximum fine of $1,000.
Assault with a Deadly Weapon (ADW) According to Penal Code 245(a)(1)
Assault with a deadly weapon, as detailed in Penal Code 245(a)(1), is defined as an assault committed with a deadly weapon or by using force that can lead to significant bodily injury. Although BB guns are generally not as lethal as traditional firearms, they can still be classified as a deadly weapon if used in a way that might cause death or serious harm.
This offense, known as ADW, is a wobbler in California, meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the penalty might include one year in county jail. If charged as a felony, it could lead to two, three, or four years in state prison.
Talk to an Attorney if You Are Facing Charges
The act of shooting someone with a BB gun in California carries serious legal repercussions. Depending on the specifics, the act can be classified as battery, assault, or assault with a deadly weapon. Each of these charges can lead to substantial jail time and considerable fines.
If you find yourself facing any of these charges or any other weapons charge, seeking professional legal assistance is crucial. Contact Chambers Law Firm at 714-760-4088 for help with your case. Our team of seasoned legal professionals stands ready to offer the support and expertise you require.
