Penal Code 246 PC – Shooting at an Inhabited Dwelling or Occupied Vehicle
California Felony Firearms Defense Attorney
California Penal Code 246 PC makes it a felony to maliciously and willfully discharge a firearm at an inhabited dwelling, occupied building, occupied vehicle, or other specified structure.
A conviction can result in up to seven years in state prison, significant fines, and additional sentencing enhancements that may dramatically increase exposure.
If you are facing PC 246 charges, you are accused of a serious violent felony offense. Immediate legal representation is critical.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Penal Code 246?
Legal Definition
Under Penal Code 246, it is a felony to:
Maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited house car, or inhabited camper.
To convict someone, prosecutors must prove:
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You willfully discharged a firearm
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You acted maliciously
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You shot at an inhabited or occupied structure or vehicle
What Does “Inhabited” Mean?
A structure is considered inhabited if it is used for dwelling purposes — even if nobody was inside at the time of the shooting.
Examples include:
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Houses
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Apartments
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Condominiums
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Hotel rooms
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Recreational vehicles
If someone lives there, it qualifies as inhabited.
What Does “Occupied” Mean?
An occupied vehicle or building means someone was physically present inside at the time of the shooting.
For example:
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A driver inside a car
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Customers inside a store
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Employees inside a business
If no one was inside, the charge may fall under a different statute, such as Penal Code 247(b) (shooting at an unoccupied vehicle).
What Does “Maliciously and Willfully” Mean?
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Willfully means you intentionally committed the act.
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Maliciously means you acted with the intent to disturb, injure, or do something wrongful.
The prosecution must prove the act was not accidental.
What Is Considered a “Firearm”?
A firearm is any device designed to expel a projectile through a barrel by force of explosion.
Importantly, “discharging at” does not require direct impact. Shooting near the structure in a way that creates a probability of striking it can qualify.
Penalties for Penal Code 246
Base Penalty
PC 246 is always charged as a felony.
If convicted, penalties include:
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3, 5, or 7 years in California state prison
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Fine up to $10,000
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Strike under California's Three Strikes Law
Because it is classified as a serious and violent felony, the consequences are severe.
Sentencing Enhancements
Certain enhancements can significantly increase prison exposure.
Gang Enhancement – Penal Code 186.22
Adds additional years if the offense was gang-related.
10-20-Life Enhancement – Penal Code 12022.53
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20 years for discharge
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25 years to life if serious injury or death occurs
Enhancements are often imposed consecutively.
Related California Charges
PC 246 charges are frequently filed alongside or instead of:
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Penal Code 245(a)(2) – Assault with a firearm
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Penal Code 26100 – Drive-by shooting
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Penal Code 246.3 – Negligent discharge of a firearm
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Penal Code 664/187 – Attempted murder
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Penal Code 29800 – Felon in possession of a firearm
Prosecutors may file multiple charges depending on the facts.
Common Defenses to PC 246 Charges
Every case depends on the specific evidence. Potential defenses include:
Lack of Willful or Malicious Intent
If the discharge was accidental, criminal liability may not apply.
Mistaken Identity
Eyewitness identification in nighttime or chaotic situations can be unreliable.
Structure Not Occupied
If the building or vehicle was not occupied and not inhabited, a lesser charge may apply.
Self-Defense
If you reasonably believed you were in imminent danger of death or serious injury, self-defense may justify the discharge.
False Allegations
Personal disputes sometimes result in false accusations.
Early intervention is critical to evaluate forensic evidence, gunshot residue, surveillance footage, and witness statements.
Frequently Asked Questions
Is Penal Code 246 a strike?
Yes. PC 246 is considered a strike under California's Three Strikes Law.
Can you go to prison for shooting at a house?
Yes. A conviction carries a term of up to 7 years in state prison, plus potential enhancements.
Does someone have to be inside the house?
For inhabited dwellings, no. If it is used as a residence, it qualifies, even if it is empty at the time.
What if I thought the building was empty?
Mistake of fact may apply in limited circumstances, particularly in cases involving occupied structures.
Can charges be reduced?
Depending on the evidence, charges may be reduced to negligent discharge or other lesser offenses.
Why Immediate Legal Representation Matters
PC 246 cases often involve:
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Ballistics testing
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Surveillance footage
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Gunshot residue analysis
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Gang allegations
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Multiple felony counts
Statements to law enforcement can significantly affect your case.
An experienced criminal defense attorney can:
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Challenge forensic evidence
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Argue against enhancements
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Seek charge reductions
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Negotiate pre-filing dismissals (DA reject)
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Prepare for trial if necessary
Speak With a Los Angeles Criminal Defense Attorney
Shooting at an inhabited dwelling or occupied vehicle is a serious felony that can carry long prison sentences and life-altering consequences.
If you have been arrested or are under investigation for violating Penal Code 246, do not delay.
Contact an experienced California criminal defense attorney immediately to protect your rights and begin building your defense.
The Los Angeles-based defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.