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Weapons Offenses: Discharge of a Firearm


Discharge of a Firearm: Attorneys

Discharge of a Firearm Attorneys

Legal Definition:

Discharge of a Firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle is the commission or attempt to discharge a firearm in such a manner by one cohabitant against another.

Discharge of a Firearm

Utah Code §76-6-507

Degree

Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle is a class B misdemeanor.

Elements

A defendant commits a class B misdemeanor discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle when they discharge any kind of dangerous weapon or firearm:

  • from a automobile or other vehicle;
  • from, upon, or across any highway;
  • at any road signs placed upon any highway of Utah;
  • at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
  • at railroad equipment or facilities including any sign or signal;
  • within Utah State Park buildings, designated camp or picnic sites, overlooks golf courses, boat ramps, and developed beaches;
  • or without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of: a house, dwelling, or any other building; or any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
Fine

Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Driver License

The court shall: notify the Driver License Division of the conviction for purpose of any revocation, denial, suspension, or disqualification of a driver license; and specify in court at the time of sentencing the length of the revocation. (Utah Code Ann. §76-10-507(3))


Other Criminal Charges

Learn more about crimes related to Discharge of a Firearm. If you have any questions, please feel free to call our office at (801) 505-1586.

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