Discharging a Firearm at or in a Building or Dwelling House

Discharging a firearm, whether intentionally or accidentally, is always taken seriously in Virginia. Depending on where a firearm was discharged, who was present, and the intent of the shooter, it can be a misdemeanor or a felony. Discharging a firearm at or in a building or dwelling house in Virginia is always a felony.

Discharging a Firearm at or in a Building or Dwelling House in Virginia

discharging a firearm at or in a building or dwelling house in Virginia

Discharging a Firearm at or in a Building or Dwelling House in Virginia is a Felony

Discharging a firearm at or in a building or dwelling house in Virginia is a felony (Va. Code §18.2-279). If a person maliciously shoots at or in a building or dwelling house occupied by at least one person in a manner to endanger lives, he or she can be charged with a Class 4 felony. For purposes of this crime, malice generally means a state of mind of extreme recklessness demonstrating a callous indifference to human life.

This statute is also violated if someone throws a missile at an occupied building or dwelling house. A “missile” is a weapon or other object thrown or projected, such as a stone or bullet, or an object “capable of being thrown or projected to strike an object at a distance.”

The Commonwealth does not need to prove that anyone present was actually in danger as a result of the shooting. Additionally, an accidental discharge of a firearm is not a defense to this crime. This offense is punished with 2-10 years in prison and a fine up to $100,000.

If someone dies as a result of this malicious discharging of a firearm or throwing a missile at or against a building or dwelling house, the shooter can be charged with Second Degree Murder (Va. Code §18.2-32). If, however, the killing was willful, deliberate, and premeditated, the offender will be charged with First Degree Murder (Va. Code §18.2-32). An offender can be charged with both Murder and Discharging a Firearm at or in a Building if there was someone else present in the building other than the person who died as a result of the shooting.

Maliciously Discharging a Firearm at or in a Building or Dwelling House in Virginia

To be convicted of this crime, the Commonwealth must prove that a person:

  • discharged
  • a firearm
  • maliciously
  • within a building or dwelling house
  • and the building is occupied by one or more people
  • endangering the life or lives of those present in the building or dwelling house

or

  • maliciously
  • shoots at or throws a missile at or against
  • a building or dwelling house
  • occupied by one or more people
  • endangering the life of that person or people

For more information on Discharging a Firearm at or in a Building in Virginia, click here.

For more information on maliciously Discharging a Firearm at or in a Building in Virginia, click here.

For more information on Discharging a Firearm at a Building in Virginia, click here.

For more information on maliciously Discharging a Firearm at a Building in Virginia, click here.

For more information on Discharging a Firearm in a Building in Virginia, click here.

For more information on maliciously Discharging a Firearm in a Building in Virginia, click here.

For more information on Discharging a Firearm at or in a Dwelling House in Virginia, click here.

For more information on maliciously Discharging a Firearm at or in a Dwelling House in Virginia, click here.

For more information on Discharging a Firearm at a Dwelling House in Virginia, click here.

For more information on maliciously Discharging a Firearm at a Dwelling House in Virginia, click here.

For more information on Discharging a Firearm in a Dwelling House in Virginia, click here.

For more information on maliciously Discharging a Firearm in a Dwelling House in Virginia, click here.

Unlawfully Discharging a Firearm at or in a Building or Dwelling House in Virginia

Unlawfully Discharging a Firearm at or in a Building or Dwelling House in Virginia is a lesser included offense of Maliciously Discharging a Firearm at or in a Dwelling House. If a person unlawfully discharges a firearm at or in a building, he or she can be charged with a Class 6 felony under Va. Code §18.2-279. This offense is punished with up to five years in prison and a fine up to $2,500. The difference between Unlawfully Discharging a Firearm at a Building or Dwelling House and Maliciously Discharging a Firearm and a Building or Dwelling House in Virginia is the mental state of the shooter. Unlawful shooting requires a finding of recklessness, but malicious shooting requires a finding of extreme recklessness exhibiting a callous indifference to the value of human life.

To convict someone of unlawfully discharging a firearm at or in a building or dwelling house in Virginia, the Commonwealth must prove that the offender:

  • discharged
  • a firearm
  • in an unlawful manner
  • within a building or dwelling house
  • and the building or dwelling house is occupied by one or more people
  • endangering the life or lives of those present in the building or dwelling house

or

  • unlawfully
  • shoots at or throws a missile at or against
  • a building or dwelling house
  • occupied by one or more people
  • endangering the life of that person or people

If someone dies as a result of this unlawful shooting or throwing a missile, the offender can be charged with Involuntary Manslaughter. Involuntary Manslaughter in Virginia is a Class 5 felony, punished with up to 10 years in prison.

For more information on Unlawfully Discharging a Firearm at or in a Building or Dwelling House in Virginia, click here.

For more information on Unlawfully Discharging a Firearm at or in a Building in Virginia, click here.

For more information on Unlawfully Discharging a Firearm at a Building in Virginia, click here.

For more information on Unlawfully Discharging a Firearm in a Building in Virginia, click here.

For more information on Unlawfully Discharging a Firearm at or in a Dwelling House in Virginia, click here.

For more information on Unlawfully Discharging a Firearm at a Dwelling House in Virginia, click here.

For more information on Unlawfully Discharging a Firearm in a Dwelling House in Virginia, click here.

Discharging a Firearm in or at a School Building in Virginia
Discharging a firearm at or in a school building in Virginia is a Class 4 felony. This offense is punished with 2-10 years in prison and a fine up to $100,000. The building does not need to be occupied to be convicted of this offense.
For more information on discharging a firearm in or at a school building in Virginia under Va. Code §18.2-279, click here.

 

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