PC §204 - DRIVE-BY SHOOTING
CLASS C FELONY
(a) Definition
Drive-by shooting is defined as the intentional discharge of a firearm from a motor vehicle at a person, occupied structure, or vehicle, with the intent to cause harm or injury, without legal justification or excuse.
(b) Elements of the Offense
To prove drive-by shooting, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant discharged a firearm.
The discharge occurred from a motor vehicle.
The discharge was directed at a person, occupied structure, or vehicle.
The defendant acted intentionally and without legal justification or excuse.
The defendant had the intent to cause harm or injury.
(c) Defenses
Defenses to a charge of drive-by shooting may include, but are not limited to:
Lack of intent: The defendant did not intend to cause harm or injury.
Mistaken identity: The defendant was not the person who discharged the firearm.
Self-defense: The defendant discharged the firearm in lawful self-defense or defense of others against an imminent threat of harm.
Necessity: The discharge of the firearm was necessary to prevent imminent harm to oneself or others.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for firearms offenses or violent crimes.
Discharge of a firearm in close proximity to a school, residential area, or other sensitive location.
Drive-by shooting resulting in injury or death to a person.
Drive-by shooting committed in connection with gang activity or organized crime.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
480 SECONDS OF JAIL TIME.
BOND SET
$400,000.00
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