Discharging a Firearm in a Municipality is when a person "recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more." The statute does not require any special type of firearm or ammunition, nor does it require others to be in fear or injured. There is also no requirement that other people are even present!
You can read the specific Statute and Punishments for Discharge Firearm in Certain Municipalities below.
One of the main issues in Discharge Firearm in Certain Municipalities cases concerns how the gun is shot. The statute centers on recklessly discharging a firearm,, meaning in a careless manner. It is a Class A Misdemeanor.
Discharge Firearm in Certain Municipalities cases are toughly prosecuted in Austin. An arrest will cause a notice to be sent to DPS regarding Firearms. The person may not be eligible to obtain a firearm (or concealed carry permit) for years, depending on how the case resolves. Also, in Austin, prosecutors are very strict about Weapon Forfeitures, meaning even if the gun was legally purchased, they may require forfeiture if a dismissal is on the table.
Related areas to Discharge Firearm in Certain Municipalities include other firearms offenses, as well as issues like road rage, which is classified as Terroristic Threat, or even improperly carrying a gun, which is charged as Unlawful Carrying a Weapon.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
A person charged with Discharge Firearm in Municipality is normally arrested and taken to jail. This will require the person to be "magistrated" (see a Judge during the Booking Process), which means there could be considerable delays awaiting a Judge and the volumes of paperwork required for a release. An Attorney can possibly speed that up.
Sometimes an officer will file arrest warrant , which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.
Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Defenses for Discharging a Firearm usually center on a few key elements of the statute. First, the discharge (shooting) myst be done recklessly, so if there were certain precautions taken, or safety issues addressed ahead of time, then there may be a viable defense. Likewise, the person must have used the firearm within the actual corporate limits of a municipality, and that municipality must have had a population of 100,000 or more.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Discharge Firearm in Municipality cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Your goal should be Dismissal for any Discharge Firearm in Municipality charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
(a)A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
Discharge Firearm in Municipality is a Class A Misdemeanor, which means probation, or jail up to 365 days, or a fine up to $4,000, or a combination of those. In Travis County, a person charged with Discharge Firearm in Municipality can expect an uphill battle in trying to get the weapon back, even if it purchased legally (aside from the Discharge Firearm in Municipality).
|Level of Offense||Punishment|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
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