Unlawful discharge of a firearm is a serious offense in Nebraska, treated as a Class 1-D felony with severe consequences.
In this article, we’ll go over what you need to know about this offense, including penalties, potential defenses, and how a criminal defense lawyer can help you avoid a conviction.
Omaha Lawyer for Unlawful Discharge of a Firearm
If you’re facing charges for discharging a firearm illegally, whether as an accident or as the result of a misunderstanding, you need to contact a lawyer immediately. Failing to adequately defend against an unlawful discharge charge can result in the loss of your right to carry and possess a firearm, fines or even jail time.
The skilled team at Liberty Law Group is ready to build your defense against all firearm crimes, including the unlawful discharge of a firearm.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
Information Center
- What Unlawful Discharge of a Firearm
- Penalties for Unlawful Discharge of a Firearm
- Non-Jail Alternatives
- Common Defenses
- Role of a Gun Charge Lawyer
- Frequently Asked Questions
- Additional Resources
- Hire an Unlawful Discharge of a Firearm Lawyer in Omaha, Nebraska
What is Unlawful Discharge of a Firearm?
Unlawful discharge of a firearm, under Nebraska Revised Statute 28-1212.02, refers to intentionally firing a gun in illegal circumstances. This includes:
- Inhabited Dwelling: A house where people live, even if it’s temporary.
- Occupied Building: Any structure with people inside, like an office or school.
- Occupied Vehicle: Any vehicle with people inside.
- Inhabited Motor Home or Camper: A vehicle or camper used for living purposes.
To secure a conviction, the prosecution must demonstrate that the defendant knowingly fired a gun in an area where people were present. For instance, if the defendant shoots at a house knowing that people are inside, they have violated the law, regardless of whether anyone is injured.
Penalties for Unlawful Discharge of a Firearm
Classification of Offense | Penalties |
Class ID Felony | 3 to 50 years imprisonment. |
Class IC Felony | 5 to 50 years imprisonment if the discharge occurs in or near a vehicle after exiting, near a person, or an occupied structure. |
Non-Jail Alternatives
Alternatives to jail such as probation are limited due to the seriousness of this offense, but may be considered for first-time offenders. Most diversion programs in Nebraska exclude individuals who are charged with violent crimes.
Defenses
- Accidental Discharge: If the firearm was discharged accidentally due to mechanical failure or another unintentional factor, it can be argued that there was no intent to fire.
- Self-Defense: Nebraska law permits the use of firearms in self-defense if the individual reasonably believed their life was in danger. The use of force must be proportional to the perceived threat.
- Defense of Others: It may be claimed that the firearm was discharged to protect another person from imminent harm. Similar to self-defense, the use of force must be reasonable.
- Mistaken Identity: This defense suggests that another person was responsible for discharging the firearm. An alibi or other evidence could be presented to prove that the accused was not the shooter.
- Lack of Knowledge of Occupancy: If the individual was unaware that the building or vehicle was occupied when the firearm was discharged, this could weaken the prosecution’s case.
Role of a Gun Charge Lawyer
- Case Review: Your lawyer will review the evidence against you, identifying potential weaknesses, such as unreliable witness statements or improperly handled evidence.
- Legal Guidance: Your lawyer will explain your legal rights, the charges, and the potential penalties in simple terms. This helps you understand the process and the options available to you.
- Negotiations with Prosecutor: A skilled lawyer can negotiate for a reduced charge or penalty, such as probation instead of jail time. This is especially important if you have no prior record.
- Court Representation: If the case goes to trial, your lawyer will represent you in court, challenging the prosecution’s evidence and arguing for a not-guilty verdict or a reduced charge.
- Support: Throughout the case, your lawyer will offer guidance, helping you make informed decisions and manage the stress of facing serious charges.
Frequently Asked Questions
What is unlawful discharge of a firearm?
Unlawful discharge refers to intentionally firing a gun at an occupied building, vehicle, or dwelling, causing potential harm.
What are the penalties for unlawful discharge of a firearm in Nebraska?
It’s normally classified as a Class ID felony, punishable by 3 to 50 years in prison.
What defenses are available in unlawful discharge cases?
Some defenses include accidental discharge, self-defense, defense of others, or lack of intent to harm.
How can a criminal defense lawyer help in an unlawful discharge case?
A lawyer reviews the case, challenges evidence, negotiates plea deals, and represents the defendant in court.
What must the prosecutor prove in an unlawful discharge case?
The prosecutor must prove intentional firing at an occupied space, knowing people were present.
What specific Nebraska laws govern unlawful discharge of a firearm?
Nebraska Revised Statutes 28-1212.01 and 28-1212.02 concern unlawful discharge offenses.
Is probation possible for unlawful discharge of a firearm in Nebraska?
Probation is rare but possible, especially for first-time offenders, under strict court-imposed conditions.
What if the gun discharged accidentally?
If the discharge was unintentional, it may serve as a defense against the unlawful discharge charge.
Can someone face multiple charges for unlawful discharge of a firearm?
Yes, unlawful discharge can be combined with related charges, like attempted first-degree assault.
What if the accused did not know the building was occupied?
Unawareness of occupancy can weaken the prosecution’s case, potentially serving as a defense.
Additional Resources
- Nebraska Unlawful Discharge Laws:
This is Nebraska’s official law on unlawful discharge of firearms, including the definition of the offense and its felony classification. - Firearm Laws in Nebraska:
This resource provides an overview of Nebraska’s firearm regulations, including buying and carrying a gun and recent law changes. - Lincoln Municipal Code:
The municipal code explains that discharging a firearm within city limits is illegal unless done in specific situations. - Omaha Mayor’s Gun Ordinance:
This article discusses Omaha’s recent gun control measures, including laws governing gun kits and other firearms that are difficult to trace. The measures aim to reduce gun crimes and enhance public safety.
Hire an Attorney for Unlawful Discharge of a Firearm in Omaha, Nebraska
The skilled team at Liberty Law Group is ready to build your defense against all firearm crimes, including the unlawful discharge of a firearm.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.