PC 26100: Drive-by Shooting

Legal Definition: (a) …a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code.

(b)(b) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable…

To be found guilty under PC 26100(b) the prosecution must prove that you intentionally:

1. You were the driver or owner of a vehicle;

2. You permitted someone to shoot a firearm from the vehicle;

3. You knew that you were permitting someone to shoot a firearm from the vehicle;

AND

4. The other person shot the firearm from the vehicle.

To be found guilty under PC 26100(c)/(d) the prosecution must prove that you intentionally:

1. You willfully and maliciously shot a firearm from a vehicle;

2. You shot the firearm at another person, not in the vehicle;

AND

3. You did not act in self-defense.

What does this mean?

This section not only penalizes the shooter in these scenarios but also the driver who allows it to happen. Someone commits an act willfully when they do it willingly or on purpose. Someone acts maliciously when they intentionally do a wrongful act or when they act with the unlawful intent to disturb, defraud, annoy, or injure someone else. Also, if you allow a person in your car to commit the shooting in your car as the owner, you do not need to be present during the shooting to be charged under PC 26100(a).

A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion. An example is allowing your friend to borrow your car in order to commit a drive-by shooting. Knowing that the purpose of borrowing is to use it for a drive-by shooting is how you can be found guilty under this section. If you are the other drive in the back of the vehicle, or the person who borrows the vehicle and commits the actual shooting act to another person, you can be found guilty under PC 26100(c)(d). It can still be charged whether the person being shot at is in another vehicle or not in a vehicle at all.

Penalties

Depending on what section of PC 26100 you are charged with, you could face a myriad of punishments.

1. PC 26100(a) Allowing a person to bring a firearm in your vehicle: If you are convicted under this section, you could be sentenced to up to 6 months in County Jail.

2. PC 26100(b) Allowing someone to shoot a firearm from your vehicle: This is a wobbler offense, where you can be charged with this section as a misdemeanor or as a felony offense. If you are convicted of this charge as a felony, you could be sentenced up to 16 months, 2 or 3 years in State Prison. If you are convicted of this section as a misdemeanor, you could be sentenced to up to one year in County Jail.

3. PC 26100(c) Discharging a firearm in a vehicle: This is only a felony offense in California. If you are convicted of this section, you could be sentenced to upwards of 3, 5, or 7 years in a State Prison.

You would be required to serve 50% of this time in custody. The fines in this section can range from $1,000 up to $10,000, depending on the section you are convicted of. If you are convicted of this section as a misdemeanor, you would also receive a 10 years ban on your ability to own or possess a firearm. If you receive a felony conviction, you would receive a lifetime ban from ever owning or possessing a firearm.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since the offense is deportable, in that it is a crime using a firearm.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence

If a person borrows your vehicle and commits a drive-by shooting, then it would be up to the Prosecutors to prove that you had knowledge that the purpose of borrowing the vehicle was to commit the drive-by shooting. If, for example, your friend asks to borrow your car to go see a friend, and then commits the act, then you would not be able to be found guilty of this charge. Failing to show you have knowledge of the purpose of the friend borrowing your vehicle for a drive-by shooting, would eliminate a necessary element of the crime, and there would be insufficient evidence to find you guilty of the crime.

If you have a firearm in the vehicle, and the gun discharges by accident and you happen to hit another person, then you can defend against this charge as insufficient evidence as well. In that scenario, it would be harder for the prosecution to show that you willfully and maliciously discharged the firearm if it was discharged by mistake. Showing malfunctions in the firearm, and other witness testimony, it can help to show that there is insufficient evidence that you were guilty of this crime.

Call Today

A conviction under PC 26100 carries with it consequences that can redefine your life. Being charged with this offense means facing the possibility of a felony record that will follow you for life, along with a potential ban on owning firearms for a decade or even permanently. Given its usual classification as a felony, the seriousness of this charge cannot be overstated, with substantial time in State Prison on the line.

At Inland Empire Defense, our Ontario-based PC 26100 attorney specializes in the defense against firearm-related charges, bringing a wealth of experience and a proven track record of successful defenses to the table. We understand the complexities of PC 26100 cases and are committed to providing the aggressive and knowledgeable representation required to navigate these charges.

Why Choose Inland Empire Defense for PC 26100 Charges?

• Specialized Firearm Defense: Our focused expertise in firearm crimes, specifically under PC 26100, means your defense benefits from a deep understanding of the relevant laws and strategies proven to achieve positive outcomes.
• Proven Track Record: The successful defense of hundreds of individuals charged with firearm crimes speaks to our ability to effectively contest these charges and work towards minimizing or altogether avoiding the severe consequences of a conviction.
• Dedicated Legal Support: Recognizing the significant impact these charges can have, we offer personalized legal support and remain available 24/7 to address your concerns and ensure you’re fully informed throughout the legal process.

Start Defending Your Future Today

Facing charges under PC 26100 demands a proactive, informed defense strategy. Inland Empire Defense, located in Ontario, CA, is prepared to offer the expert legal support necessary to address these serious charges.

Contact Inland Empire Defense Today

If you or a loved one is confronting firearm charges under PC 26100, it’s crucial to act swiftly to secure the legal representation you need. Contact Inland Empire Defense at 909-939-7126 to engage with a team that’s ready to defend your rights and work towards the best possible outcome. Our strategic location in Ontario ensures you have access to premier legal defense when it matters most. Let us help safeguard your future against the repercussions of a PC 26100 charge.