Discharging a Gun from a Structure or Vehicle (Drive-by Shootings) – NRS 202.287

Overview

Discharging a firearm from a structure or vehicle, commonly referred to as drive-by shooting, is a serious offense under Nevada Revised Statute (NRS) 202.287. This law addresses the unlawful use of firearms in a manner that poses significant risks to public safety. Understanding the legal implications of this statute is essential for individuals involved in firearm-related incidents and for those seeking to navigate the legal system surrounding gun violence.

Definition of the Offense

Under NRS 202.287, the act of discharging a firearm from a structure or vehicle is defined as follows:

1. Discharge of a Firearm: The intentional firing of a gun or other firearm.
2. From a Structure or Vehicle: This includes shooting from any type of building, home, or vehicle. The statute specifically addresses situations where individuals use their position in a structure or vehicle to target others.
3. Endangerment to Others: The discharge must create a risk of injury to another person or property. This offense is particularly serious because it can result in unintended harm to innocent bystanders.

Legal Requirements for Prosecution

To secure a conviction for discharging a gun from a structure or vehicle under NRS 202.287, the prosecution must prove several elements beyond a reasonable doubt:

1. Intentional Discharge: The accused must have intentionally discharged the firearm, not accidentally.
2. Location of Discharge: The prosecution must demonstrate that the discharge occurred from a structure or vehicle.
3. Endangerment: It must be established that the act posed a risk of injury to another person or caused damage to property.

Related Offenses

Discharging a firearm from a structure or vehicle is related to several other offenses, including:

• Assault with a Deadly Weapon – NRS 200.471: Involves using a firearm to threaten or harm another person.
• Reckless Endangerment – NRS 202.570: Involves actions that recklessly create a substantial risk of serious physical injury to others.
• Unlawful Use of a Firearm – NRS 202.265: Covers a variety of offenses related to the illegal use of firearms.

Examples of Discharging a Gun from a Structure or Vehicle

Understanding how NRS 202.287 applies can be clarified through specific examples:

• Example 1: A person in a car fires a gun at another vehicle during a road rage incident. This act of shooting from a vehicle can result in charges under NRS 202.287 due to the danger it poses to others on the road.
• Example 2: A resident discharges a firearm from their apartment window during a confrontation with neighbors, intentionally aiming the gun at the ground outside. This act can lead to charges of discharging a firearm from a structure, given the potential risk of hitting someone nearby.

Penalties for Discharging a Gun from a Structure or Vehicle

The penalties for discharging a gun from a structure or vehicle under NRS 202.287 can be severe:

• Category B Felony: Discharging a firearm from a structure or vehicle is generally classified as a Category B felony, which carries significant penalties, including:
  • Imprisonment: 1 to 6 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Aggravating Factors: If the act involved additional aggravating factors, such as prior convictions, use of the firearm during another crime, or causing injury to others, penalties can increase significantly.

Defenses Against Charges of Discharging a Gun

If you are facing charges related to discharging a gun from a structure or vehicle under NRS 202.287, several defenses may apply:

1. Accidental Discharge: Demonstrating that the firearm was discharged accidentally and without intent can be a valid defense against charges.
2. Lack of Knowledge: If the accused was unaware that the firearm was discharged, this could negate liability. For instance, if the firearm malfunctioned and discharged unexpectedly, this could be a defense.
3. Insufficient Evidence: The prosecution must provide clear evidence that the accused discharged the firearm from a structure or vehicle. If the evidence is circumstantial or weak, it may lead to a dismissal of charges.
4. Self-Defense: If the accused can demonstrate that the discharge was a necessary act of self-defense in a threatening situation, this may serve as a valid defense.

The Importance of Legal Representation

Navigating the complexities of firearm-related charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling serious firearm offenses equips him to provide a robust defense against charges under NRS 202.287.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in cases involving firearm discharges.

Understanding Your Rights

If you are accused of discharging a gun from a structure or vehicle, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of discharging a gun from a structure or vehicle under NRS 202.287 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.