Philadelphia, PA Felony Discharge of a Firearm Defense Lawyer

Few allegations are more serious than being accused of firing a firearm into an occupied structure. In Pennsylvania, felony discharge of a firearm is a serious felony offense that can result in imprisonment, substantial fines, and lifelong consequences. A conviction can affect your ability to own firearms, obtain employment, pursue certain professional licenses, and move forward with important personal and financial goals.

If you have been charged with felony discharge of a firearm in Philadelphia, it is critical to seek experienced criminal defense representation immediately. These cases often involve complex questions regarding intent, recklessness, firearm evidence, witness credibility, and whether prosecutors can prove that the statutory requirements were satisfied. Statements made during an investigation can significantly affect the outcome of your case, which is why you should speak with an attorney before answering questions from law enforcement.

At Young, Marr, Mallis & Associates, our criminal defense attorneys include former prosecutors who understand how serious firearm cases are investigated and prosecuted in Pennsylvania. We have experience handling complex felony charges and understand what is at stake when a person’s freedom, reputation, and future are on the line. Our Philadelphia felony discharge of a firearm defense lawyers carefully investigate the evidence, challenge unsupported allegations, and pursue the best possible outcome for every client.

What Is Felony Discharge of a Firearm in Pennsylvania?

Felony discharge of a firearm is addressed in 18 Pa. C.S. § 2707.1, which prohibits certain conduct involving the discharge of a firearm into an occupied structure. Under the statute, a person commits this offense when they knowingly, intentionally, or recklessly discharge a firearm into an occupied structure. The Commonwealth must prove beyond a reasonable doubt that the defendant committed the prohibited act and possessed the required level of intent or recklessness.

An occupied structure generally refers to a building or other structure that is adapted for overnight accommodation or business use, or one where people may be present. The specific facts of the alleged incident determine whether a location qualifies under Pennsylvania law. Because felony discharge of a firearm does not require that someone actually be injured, individuals may face this charge even when no person was physically harmed.

Felony Discharge of a Firearm Is a Third-Degree Felony

A conviction for felony discharge of a firearm under Section 2707.1 is generally graded as a third-degree felony. A third-degree felony carries a maximum sentence of up to 7 years in prison and a fine of up to $15,000. However, the potential consequences may be even more serious because prosecutors often file additional charges alongside a firearm discharge allegation. Depending on the circumstances, a person may also face charges such as:

Recklessly endangering another person (REAP).
Aggravated assault.
Criminal mischief.
Criminal trespass.
Possessing an instrument of crime.
Other firearms offenses.

The combination of multiple charges can substantially increase a defendant’s sentencing exposure.

The Commonwealth Must Prove Every Element Beyond a Reasonable Doubt

A criminal accusation is not the same as a conviction. The prosecution has the burden of proving every element of felony discharge of a firearm beyond a reasonable doubt. Important questions in these cases may include, for example:

Did the defendant actually discharge the firearm?
Was the firearm used in the alleged incident?
Was the structure occupied under Pennsylvania law?
Was the discharge knowing, intentional, or reckless?
Was the firearm recovered lawfully?
Are witness identifications reliable?
Does the physical evidence support the prosecution’s theory?

These cases often rely on circumstantial evidence, including witness statements, surveillance footage, ballistic evidence, and forensic testing. An experienced defense attorney can examine whether that evidence truly supports the Commonwealth’s allegations.

Possible Defenses to Felony Discharge of a Firearm Charges

Every firearm case is different. The appropriate defense depends on the facts, the evidence, and the circumstances leading to the arrest. For instance, potential defenses may include:

Lack of Intent or Recklessness

The prosecution must prove that the defendant acted knowingly, intentionally, or recklessly as required by the statute. If the evidence does not establish the necessary mental state, the charge may be difficult for the Commonwealth to prove.

Mistaken Identity

In some cases, prosecutors rely heavily on eyewitness testimony. However, eyewitness identifications can be affected by stress, poor visibility, distance, or other circumstances. A defense attorney can investigate whether the identification procedures were reliable.

Lack of Evidence

The Commonwealth must connect the defendant to the firearm and the alleged discharge. Weak forensic evidence, inconsistent witness accounts, or missing evidence may create reasonable doubt.

Illegal Search or Seizure

Many firearm cases begin with police searches of vehicles, homes, or individuals. If officers violated constitutional protections, the defense may seek to suppress evidence obtained unlawfully.

Additional Consequences of a Felony Firearm Conviction

The consequences of a felony conviction extend far beyond the maximum prison sentence and fine. A felony conviction may affect your ability to:

Possess or own firearms.
Obtain certain professional licenses.
Secure employment.
Join the military.
Receive certain government benefits.
Obtain financial aid for higher education.

A person serving a prison sentence may also temporarily lose certain civil rights, including the ability to vote while incarcerated. The long-term impact of a felony record can continue even after a sentence has been completed. Because of these consequences, defending against a felony firearm charge requires more than simply addressing the immediate criminal case. It requires a strategy focused on protecting your future.

Pennsylvania Sentencing Considerations for Firearm Offenses

If a person is convicted of felony discharge of a firearm, sentencing depends on several factors, including the seriousness of the offense and the defendant’s prior criminal record. Pennsylvania judges consider the state’s sentencing guidelines, which provide recommended ranges based on the offense gravity score and prior record score. These guidelines are intended to promote consistency in sentencing while still allowing judges discretion to consider the circumstances of each case.

For individuals with limited or no criminal history, defense counsel may argue for alternatives to incarceration when appropriate, including probation, house arrest, or other sentencing options. However, firearm offenses may involve additional sentencing considerations. Pennsylvania’s deadly weapon sentencing enhancement provisions allow courts to impose increased sentences in certain circumstances involving the use of a deadly weapon. Because sentencing decisions can significantly affect the outcome of a conviction, experienced advocacy is essential.

The Importance of Experienced Firearm Defense in Philadelphia

Felony discharge of a firearm cases require a thorough understanding of both Pennsylvania criminal law and the practical realities of firearm prosecutions. At Young, Marr, Mallis & Associates, our attorneys understand how prosecutors build firearm cases and how evidence is presented in court. We carefully review police reports, witness statements, ballistic evidence, surveillance footage, and other information to identify weaknesses in the Commonwealth’s case. Our attorneys include former prosecutors who understand the strategies used by the government and know how to develop effective defenses for serious felony allegations.

Frequently Asked Questions

What does Pennsylvania’s felony discharge of a firearm law prohibit?

Under 18 Pa. C.S. § 2707.1, a person may be charged with felony discharge of a firearm when they knowingly, intentionally, or recklessly discharge a firearm into an occupied structure. The Commonwealth must prove the required elements beyond a reasonable doubt before a conviction can occur.

Is anyone required to be injured for someone to be convicted of felony discharge of a firearm?

No. A person may face a conviction even if no one was physically injured. The offense focuses on the alleged discharge of the firearm into an occupied structure and whether the defendant acted with the required mental state.

What other charges can accompany felony discharge of a firearm?

Depending on the circumstances, prosecutors may file additional charges such as aggravated assault, recklessly endangering another person, criminal mischief, possession of an instrument of crime, or other weapons offenses. The specific charges depend on the facts of the alleged incident.

Can a felony discharge of a firearm conviction result in probation or house arrest?

Possibly. Sentencing depends on factors such as the offense severity, prior criminal record, the circumstances of the incident, and the arguments presented by defense counsel. In appropriate cases, an attorney may advocate for alternatives to incarceration.

How does the deadly weapon enhancement affect sentencing?

Pennsylvania’s deadly weapon sentencing provisions may allow a judge to impose a sentence beyond the standard sentencing guideline range when a deadly weapon was used during the offense. The impact depends on the specific facts and the judge’s consideration of the applicable sentencing factors.

Call Young, Marr, Mallis & Associates for a Free Consultation

If you have been charged with felony discharge of a firearm in Philadelphia, your freedom and future may be at risk. These cases require immediate attention and a defense strategy focused on challenging the evidence, protecting your rights, and pursuing the best possible outcome. At Young, Marr, Mallis & Associates, our former prosecutors and experienced criminal defense attorneys are prepared to fight for you from the beginning of your case through its resolution. We are available 24 hours a day, 7 days a week to help. Call today for a free consultation and let us begin protecting your rights, your freedom, and your future.