Discharging a Gun into a Structure or Vehicle – NRS 202.285

Overview

Discharging a firearm into a structure or vehicle is a serious offense under Nevada Revised Statute (NRS) 202.285. This law addresses the unlawful act of firing a gun with the intent to hit or penetrate a structure or vehicle, which poses significant risks to public safety. Understanding the legal implications of this statute is crucial 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 202.285, discharging a gun into a structure or vehicle is defined as:

1. Intentional Discharge: The intentional act of firing a firearm toward a building, vehicle, or any other enclosed space.
2. Targeting Structures or Vehicles: The law specifically focuses on the act of shooting into places where people may reside or where vehicles are occupied or parked.
3. Endangerment to Life: The act must create a risk of injury or death to individuals inside or near the structure or vehicle being targeted.

Legal Requirements for Prosecution

To secure a conviction for discharging a gun into a structure or vehicle under NRS 202.285, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a Firearm: The accused must have discharged a firearm, which includes any gun, rifle, or pistol.
2. Intent to Discharge: The prosecution must demonstrate that the accused intentionally discharged the firearm, rather than it being accidental.
3. Targeting a Structure or Vehicle: The discharge must have been directed at a structure or vehicle, creating a potential risk of harm to occupants.
4. Endangerment: The prosecution must establish that the act posed a risk of serious injury or death to individuals inside the targeted structure or vehicle.

Related Offenses

Discharging a gun into 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.
• Drive-by Shooting – NRS 202.287: Specifically addresses the act of firing a gun from a vehicle toward individuals or structures.

Examples of Discharging a Gun into a Structure or Vehicle

To better understand NRS 202.285, consider these examples:

• Example 1: A person involved in a dispute fires a gun toward a rival’s house, intending to strike the building. This action can lead to charges of discharging a gun into a structure.
• Example 2: A driver discharges a firearm into a parked car during a road rage incident, with the intention of intimidating the occupants. This act can result in serious legal consequences under this statute.

Penalties for Discharging a Gun into a Structure or Vehicle

The penalties for discharging a gun into a structure or vehicle under NRS 202.285 can be severe:

• Category B Felony: This offense is typically 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.
• Enhanced Penalties: If the act resulted in injury or if there were aggravating factors, such as prior convictions or gang involvement, penalties can escalate, leading to harsher sentencing.

Defenses Against Charges of Discharging a Gun

If you are facing charges related to discharging a gun into a structure or vehicle under NRS 202.285, several defenses may apply:

1. Lack of Intent: Demonstrating that the discharge was accidental or not intentional can be a strong defense. If the firearm was fired due to a malfunction or unexpected circumstance, this may mitigate liability.
2. Insufficient Evidence: The prosecution must provide clear evidence that the accused discharged the firearm and that it was directed at a structure or vehicle. If the evidence is weak or circumstantial, it may lead to a dismissal of charges.
3. Mistaken Identity: If the accused can show that they were not involved in the incident or that another person was responsible for the shooting, this can be an effective defense.
4. Self-Defense: In some cases, if the discharge was a necessary act of self-defense during 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 202.285.

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 the discharge of firearms.

Understanding Your Rights

If you are accused of discharging a gun into 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 into a structure or vehicle under NRS 202.285 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.