My Gun Accidentally Went Off in North Carolina: What Are My Penalties?
Modern firearms have various safety features to prevent unwanted or accidental discharges. However, even the most responsible gun owners can make mistakes from time to time, and these mistakes can lead to serious accidents. What if your gun accidentally went off? Could you face criminal firearm charges in North Carolina? This is a question you might want to bring up with a criminal defense attorney.
Negligent Discharge Laws in North Carolina
Like many states, North Carolina has specific laws against negligently discharging firearms. Some of the most serious penalties are reserved for those who accidentally discharge firearms into properties. These might include residences, apartment buildings, businesses, government buildings, and so on. You may also face the same penalties after negligently discharging a firearm into a boat, aircraft, or vehicle of any kind.
If you commit this offense, you could face a Class E Felony. You could face this charge if you either “willfully” (intentionally) or “wantonly” fire a shot. The definition of “wanton” in this context is extreme disregard for human safety. While you could face this charge for an accidental discharge, your conduct would have to be extremely reckless and beyond mere negligence.
If you commit this offense and the building or vehicle was occupied at the time of the alleged offense, you could face a Class D felony instead of a Class E felony. In other words, you could face up to 160 months in prison rather than 63 months in prison.
If you commit this offense and you cause a serious bodily injury to another person, you could face a Class C felony instead. This could result in a prison sentence of up to 182 months.
If you face this charge, you should strive to prove that the incident was truly accidental. Maybe the specific firearm has a history of discharging unexpectedly. Perhaps you were following all the various rules associated with responsible firearm use, and the gun still went off. To secure a conviction, prosecutors would need to prove that you did something extremely reckless. An example might be juggling several loaded firearms and twirling them around your fingers.
You Could Face Involuntary Manslaughter Charges
If your firearm accidentally went off and someone died as a result, you could face involuntary manslaughter charges. This charge is quite serious, and it may apply even if the death was completely accidental. Involuntary manslaughter can lead to a Class F felony conviction and a prison sentence of up to 41 months.
Contact a Firearm Offense Lawyer in North Carolina
If you face criminal charges due to some kind of accident involving a firearm, it makes sense to contact an experienced firearm offenses attorney in North Carolina. Be sure to contact a lawyer who has specific experience with firearm offenses. Although your firearm accident may have been accidental, you could still face criminal charges. Contact The Pritchard Firm today for more information.
Source:
ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-34.1.pdf