Depending on the facts, felony discharge of a firearm, can be charged as a 3rd degree felony, 2nd degree felony, or 1st degree felony.
A defendant commits a 3rd degree felony discharge of a firearm, when the defendant discharges a firearm in the direction of any person, knowing or having reason to believe that any person may be endangered by the discharge of the firearm; with the intent to intimidate or harass another or with intent to damage a habitable structure, discharges a firearm in the direction of any person or habitable structure; or the defendant, with the intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.
A defendant commits a 2nd degree felony discharge of a firearm, when the defendant discharges a firearm in the direction of any person, knowing or having reason to believe that any person may be endangered by the discharge of the firearm; with the intent to intimidate or harass another or with intent to damage a habitable structure, discharges a firearm in the direction of any person or habitable structure; or the defendant, with the intent to intimidate or harass another, discharges a firearm in the direction of any vehicle. And the defendant causes bodily injury to any person.
A defendant commits a 1st degree felony discharge of a firearm, when the defendant discharges a firearm in the direction of any person, knowing or having reason to believe that any person may be endangered by the discharge of the firearm; with the intent to intimidate or harass another or with intent to damage a habitable structure, discharges a firearm in the direction of any person or habitable structure; or the defendant, with the intent to intimidate or harass another, discharges a firearm in the direction of any vehicle. And, the defendant causes serious bodily injury to any person.
1st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
1st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
A defendant convicted of a felony discharge of a firearm must provide a DNA specimen.
A defendant convicted of a felony discharge of a firearm may not posses, use or have
control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)
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))
Learn more about crimes related to Felony Discharge of a Firearm. If you have any questions, please feel free to call our office at (801) 505-1586.