Penal Code 247(b) PC – Shooting at an Unoccupied Vehicle or Building
California Penal Code 247(b) PC makes it a criminal offense to willfully and maliciously discharge a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house.
Although no one is physically present inside the structure or vehicle at the time of the incident, California prosecutors take firearm-related offenses very seriously.
A conviction can result in either misdemeanor or felony penalties, substantial fines, and a permanent criminal record.
If you are facing PC 247(b) allegations in the Los Angeles area, securing immediate representation from an experienced criminal defense team at Cron, Israels & Stark is essential.
What Is Penal Code 247(b)?
Legal Definition and Elements of the Crime
Under Penal Code 247(b), prosecutors must establish three core elements beyond a reasonable doubt to secure a conviction:
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You willfully discharged a firearm.
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You acted maliciously.
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You shot at a motor vehicle that was unoccupied or a building/dwelling house that was uninhabited.
Defining Key Statutory Terms and Distinctions
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"Willfully": You intentionally committed the act of firing the weapon; an accidental or purely negligent discharge lacks this required mental state.
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"Maliciously": You acted with an intent to vex, injure, defraud, or do a wrongful act.
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"Unoccupied vs. Occupied": If a person was inside the vehicle, the offense falls under Penal Code 246 (shooting at an occupied vehicle), which carries much harsher felony penalties and strike consequences.
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"Uninhabited vs. Inhabited": An uninhabited building or dwelling means nobody lives there (e.g., an abandoned structure). This is distinct from an "inhabited" structure under PC 246, which qualifies as a residence even if the occupants are temporarily away on vacation.
Is PC 247(b) a Felony or Misdemeanor? (The "Wobbler" Penalty)
Penal Code 247(b) is a "wobbler" under California law, meaning prosecutors can file the charge as either a misdemeanor or a felony depending on the accused's criminal history, the surrounding circumstances, and whether weapons enhancements or related counts apply.
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Misdemeanor Penalties: Up to 1 year in county jail and fines up to $1,000.
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Felony Penalties: A state prison term of 16 months, 2 years, or 3 years, and fines up to $10,000.
Statutory Exception: Owner Consent
PC 247(b) contains a narrow exception: an individual generally cannot be convicted under this specific statute if they had the property owner's express permission and the vehicle or building was abandoned or unoccupied.
However, other firearm infractions (such as negligent discharge) may still apply.
Related California Firearm and Property Offenses
When prosecutors evaluate a shooting incident involving property or vehicles, they frequently analyze how Penal Code 247(b) interacts with several other related California statutes:
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Penal Code 246 (Shooting at an Inhabited Dwelling or Occupied Vehicle): A serious, violent felony ("strike") charged if investigators discover that someone was actually inside the building or vehicle, carrying up to 7 years in prison.
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Penal Code 246.3 (Negligent Discharge of a Firearm): Often filed as an alternative when a firearm is discharged into the air or in a manner that poses a general risk, but without a specific intent to target a structure or vehicle.
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Penal Code 26100 (Unlawfully Discharging a Firearm from a Motor Vehicle): Targets situations where shots are fired from inside or directly out of a moving automobile onto a public street or toward property.
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Penal Code 29800 (Felon in Possession of a Firearm): Automatically triggered if the defendant has a prior felony conviction, making firearm possession illegal regardless of whether the target property was occupied or empty.
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Penal Code 594 (Vandalism): Frequently added or pursued in plea negotiations if the gunfire caused property damage to a vehicle or building without meeting the strict "willful and malicious discharge" elements of PC 247(b).
Common Defense Strategies Against PC 247(b) Charges
An aggressive criminal defense strategy focuses on dismantling the prosecution's case through targeted factual and legal challenges:
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Lack of Willful or Malicious Intent: Proving that the discharge was entirely accidental, thereby eliminating the required criminal intent.
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Owner Consent: Establishing that the defendant had valid permission from the property owner to target the unoccupied property or structure.
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Mistaken Identity: Challenging unreliable eyewitness identifications, poor lighting, or rushed police investigations.
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Disproving Status (Structure Was Actually Inhabited): Demonstrating that the building or vehicle did not meet the legal definition required for PC 247(b), which can force a case dismissal or re-evaluation.
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Insufficient Forensic Evidence: Scrutinizing ballistics reports, gunshot residue (GSR) analysis, and surveillance footage for inconsistencies.
Frequently Asked Questions
Can a conviction for Penal Code 247(b) result in felony prison time, or is it always handled as a misdemeanor?
PC 247(b) is a wobbler offense, meaning prosecutors can choose to charge it as a felony. If convicted of the felony version, you face state prison sentences of 16 months, 2 years, or 3 years.
What is the primary legal difference between Penal Code 246 and Penal Code 247(b)?
Penal Code 246 applies strictly to inhabited dwellings and occupied vehicles where human life is put at direct risk, whereas Penal Code 247(b) specifically covers property, vehicles, and buildings that are completely unoccupied and uninhabited at the time of the shooting.
Does having the property owner's permission provide a complete defense to a PC 247(b) charge?
Yes. If the property owner gave you explicit permission to discharge a firearm at their unoccupied or abandoned vehicle or building, it serves as a statutory defense against a PC 247(b) conviction.
Can an experienced defense attorney reduce felony PC 247(b) charges to a misdemeanor?
Yes. With early intervention, negotiation with the district attorney, and highlighting weaknesses in the prosecution's evidence, defense counsel can often advocate for misdemeanor-level sentencing or charge reductions.
What happens if law enforcement finds out I was handling a firearm unlawfully during the incident?
Even if the primary PC 247(b) charge is challenged or dismissed, prosecutors can still pursue secondary weapons violations, such as negligent discharge or felon-in-possession charges, making comprehensive legal representation vital.
Schedule a Consultation with Cron, Israels & Stark
Facing allegations under California Penal Code 247(b) carries serious legal risks, including potential imprisonment and a permanent criminal record.
Early intervention by a seasoned defense attorney can make a critical difference in whether prosecutors file felony charges or reject the case outright.
The Los Angeles-based defense attorneys at Cron, Israels & Stark possess the tactical experience and courtroom skill needed to protect your future. Call (424) 372-3112 today to arrange your confidential consultation.