Penal Code § 246 PC – Shooting at Inhabited Dwelling or Occupied Vehicle

Discharging a firearm at someone’s home or an occupied vehicle is one of California’s most serious weapons offenses. Even if no one gets hurt, you face years in state prison, a permanent strike on your record, and the loss of your gun rights for life.

If you’ve been arrested for violating California Penal Code Section 246, what you do next matters. At David P. Shapiro Criminal Defense Attorneys, we handle these cases and know what’s at stake.

What is California Penal Code Section 246?

California Penal Code Section 246 makes it a felony to maliciously and willfully discharge a firearm at:

• An inhabited dwelling house
• An occupied building
• An occupied motor vehicle
• An occupied aircraft
• An inhabited housecar (as defined in Vehicle Code Section 362)
• An inhabited camper (as defined in Vehicle Code Section 243)

The key words here are “maliciously” and “willfully.” The prosecution must prove you intentionally fired the gun and did so with wrongful intent. An accidental discharge doesn’t meet this standard.

This law exists to protect people from the extreme danger of gunfire, even when no one gets hurt. You don’t need to hit anyone or even intend to hit anyone to be convicted under PC 246.

What Are the Penalties for PC 246?

California Penal Code Section 246 is always charged as a felony. There’s no misdemeanor option.

If convicted, you may face:

• Three, five, or seven years in California state prison
• Alternatively, six months to one year in county jail (though prison sentences are more common)

These aren’t the only consequences you’re facing. A felony conviction means:

• Loss of your right to own or possess firearms
• Difficulty finding employment with a felony on your record
• Immigration consequences if you’re not a U.S. citizen
• Loss of professional licenses in certain fields
• Damage to your reputation that follows you for years

PC 246 is also considered a “strike” under California’s Three Strikes Law. If you already have strikes on your record, this conviction doubles your sentence. A third strike could mean 25 years to life in prison.

What Does “Inhabited” Actually Mean?

Here’s something important: “inhabited” doesn’t mean someone has to be home when the shooting happens.

Under California law, “inhabited” means the structure is currently being used for dwelling purposes, whether anyone is inside at that moment or not. If someone lives there and uses it as their home, it counts as inhabited—even if they’re at work when the shooting occurs.

For buildings and vehicles, “occupied” means someone was inside or nearby at the time of the shooting. The prosecution must prove the structure or vehicle was occupied when you fired.

How is PC 246 Different from Assault with a Deadly Weapon?

People often confuse PC 246 charges with assault charges under California Penal Code Section 245. These are different crimes.

Assault with a deadly weapon requires proving you tried to harm a specific person. PC 246 charges focus on firing at a structure or vehicle, regardless of whether you aimed at anyone in particular. You can be convicted under PC 246 even if the building was empty at the time.

You could face both charges from the same incident. If you shoot at someone’s house while they’re standing in the doorway, prosecutors might charge you with both PC 246 and assault.

What Are Possible Defenses to PC 246 Charges?

Several defense strategies can be effective against PC 246 charges:

Lack of intent.

If the gun discharged accidentally, you didn’t act “willfully” under the law. Accidental discharges don’t meet the legal standard for conviction.

Mistaken identity.

Shootings often happen quickly, at night, or in chaotic situations. Eyewitness identifications are notoriously unreliable. If you weren’t the shooter, your attorney can challenge the identification evidence.

The structure wasn’t inhabited or occupied.

The prosecution must prove the dwelling was inhabited or the vehicle was occupied. If the building was abandoned or under construction, PC 246 doesn’t apply.

Self-defense.

California law allows you to use reasonable force to protect yourself or others from imminent danger. If you reasonably believed you or someone else faced immediate harm, self-defense might apply.

Insufficient evidence.

The prosecution must prove every element of the crime beyond a reasonable doubt. If they can’t prove you acted maliciously or willfully, the charges shouldn’t stand.

Where Will Your Case Be Heard in San Diego?

If you’re charged with PC 246 in San Diego County, your case will be heard at one of several courthouses, depending on where the alleged incident occurred.

Most serious felonies are handled at the Central Courthouse in downtown San Diego. Criminal cases are heard in various departments throughout the building.

Cases from East County may be heard at the East County Regional Center in El Cajon, while South Bay cases are often handled at the South County Regional Center in Chula Vista.

Your attorney will know which courthouse and which department your case is assigned to, and they’ll guide you through every court appearance.

Why You Need an Experienced Criminal Defense Attorney

PC 246 charges are some of the most serious firearm offenses in California. The stakes couldn’t be higher.

Prosecutors take these cases seriously. They often push for maximum sentences, especially if anyone was endangered. You need an attorney who knows how to fight back.

An experienced criminal defense lawyer can:

• Challenge the prosecution’s evidence at every stage
• Negotiate with prosecutors for reduced charges
• File motions to suppress evidence obtained illegally
• Present alternative explanations for what happened
• Build a strong defense strategy tailored to your specific case

The earlier you get an attorney involved, the better. Critical evidence can disappear. Witnesses’ memories fade. Important legal deadlines can pass.

Don’t make the mistake of waiting to see what happens. What happens is your case gets worse.

Contact David P. Shapiro Criminal Defense Attorneys Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.