Michigan has various laws against pointing a firearm at another person and discharging a firearm. Depending on various factors they range from a low level misdemeanor to a capitol felony.
Pointing or Aiming a Firearm at Another Person
It is illegal for a person to intentionally but without malice points or aims a firearm at or toward another person is guilty of a misdemeanor punishable by up to 93 days in jail and/or a fine up to $500 plus costs.
Intentionally Discharging a Firearm While Aiming but Without Malice
A person that discharges a firearm while it is intentionally, but without malice, aimed at or toward another person without injury another person is guilty of a misdemeanor punishable by up to one year in jail and/or a fine up to $500 plus costs. This statute does not apply to a peace officer while performing his or her duties.
Intentionally Discharging a Firearm from a Motor Vehicle, Snowmobile, or an Off Road Vehicle
It is a felony to discharge a firearm from any type of motor vehicle. The severity of the penalties depends on the extent of the injury the discharging of the firearm causes.
If it endangers the safety of another individual, it is punishable by up to 10 years in prison and/or a fine up to $10,000 plus costs. It the discharge causes physical injury to another person, it is punishable by up to 15 years in prison and/or a fine up to $15,000 plus costs. If it causes a serious impairment of a bodily function (serious injury) it is punishable by up to 20 years in prison and/or a fine up to $25,000 plus costs. If the discharge causes the death of another person, it is punishable by up to life in prison or any term of years.
There are some defenses to the charge of discharging a firearm from a motor vehicle. It is a defense for a peace officer if he was lawfully acting within his duties of a peace officer. If the person discharging the firearm was acting in self-defense or in defense of another, it is a defense to the charge. Whether or not the defendant acted in lawful self-defense or in defense of another is up to the jury to decide.
Consecutive Sentencing may apply if the defendant is convicted of any other charges arising from the same incident. That means that the other sentences will be served after he serves his original sentence as opposed to serving them at the same time (running concurrently).
Michigan Discharging a Firearm Defense Lawyer
If you have been charged with pointing a firearm or discharging a firearm, you need an experienced criminal defense lawyer on your side to protect your rights and liberty. Prosecutors and judges treat firearms charges very seriously, especially if it involves another person being injured. A firearm charge doesn’t have to ruin your life and future. Contact Austin Legal Services, PLC today to speak to a firearm defense lawyer at (517) 614-1983!
Defending pointing and discharging a firearm throughout Michigan in the counties of Ingham, Eaton, Clinton, Gratiot, Livingston, Jackson, Kent, Barry, Branch, Hillsdale, Washtenaw in the cities of Lansing, East Lansing, Mason, Charlotte, Howell, Livingston, St. Johns, Ithaca, Ann Arbor, Grand Rapids, Jackson, Hillsdale, Hastings, Coldwater.