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Shooting at an Inhabited Dwelling and its Connection to Murder

By Neil Shous, Esq.

Penal Code 246 PC California?s law against ?shooting at an inhabited dwelling? prohibits willfully and maliciously firing a gun at a ?lived in? home, regardless of whether anyone is home at the time. But if the prosecutor can prove that you specifically intended to kill someone inside the house, he/she can charge you with attempted murder. Simply shooting at (or even in close proximity to) the house isn?t enough. The prosecution must be able to prove that you had the specific intent to kill another person before a judge or jury can convict you of attempted murder. However if you do kill someone?even accidentally?prosecutors could elect to charge you with murder or with a sentencing enhancement under California?s ?10-20-life? law. But because California courts have held that Penal Code 246 PC California?s law against ?shooting at an inhabited dwelling? is ?assaultive in nature? it does not subject you to automatic murder charges under California?s felony murder rule?despite the fact that courts have also held that it is an ?inherently dangerous crime?...continue to full post

Full post as published by California Criminal Defense Blog on June 02, 2010 (boomark / email).