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  1. #1
    Join Date
    Mar 2016
    Posts
    1

    Default Discharge of a Firearm Within an Occupied Building

    My question involves criminal law for the state of: Pennsylvania

    I want to say thank you to anyone who will give their time and advice to my situation. Just the other day my wife was home alone doing schoolwork and had exactly two cups of wine in our apartment building. She heard someone trying to get in the front door in and went to go grab the gun to bring it to the living room. Out of adrenaline,as she came out she fired a round accidentally into the wall (yes we both are aware of weapon safety rules, and I'm active military). So she went next door to the neighbor the bullet went to and they called the cops. I got home about 10 minutes after the police arrived and they give me the story as they are leaving. to sum it up they said she was to appear to a magistrate this week to the charges of "reckless endangerment of another person" misdemeanor, and "discharge of a weapon in an occupied building" felony. It all happened very quick and I am having a hard time swallowing all this.
    My wife has never been in trouble before is a military spouse about to be a convicted felon? does anyone have any advice on how she will hold up to the magistrate in this scenario? Also what are the sentences for these in PA? the cops seem very fishy saying they "might" drop the felony. I am dead worried about our future and would greatly appreciate any help.

    Thank you

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discharge of a Firearm Within Occupied Building

    She gets an attorney who will be in the best position to advise her. Guns, alcohol, and poor practices when handling a weapon are a bad mix. She could have killed somebody.


    It isn't up to the cops to drop anything. The prosecutor decides what charges are filed.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Discharge of a Firearm Within Occupied Building

    In Pennsylvania the district attorney determines which charges to file and decides what plea agreements to offer. Her first appearance with the magistrate judge will be the arraignment and bail hearing. She will be advised of the charges against her, enter her plea, and the judge will set bail. Next will come a preliminary hearing, also before the magistrate judge, at which the state will need to show the court that there is sufficient evidence for a finding of probable on the charges. This is not the trial so different rules apply and the standard used — probable cause — is much lower than the state’s burden to prove guilt beyond a reasonable doubt at the trial. If the magistrate finds probable cause he/she will bind the defendant over for trial and the case will move to the court of common pleas. That court is the one that will hold the trial on the charges. Anywhere along the way the DA and your wife could reach a plea deal to resolve the matter.

    I doubt she’ll get away from this completely, but with a decent lawyer she might be able to get a deal for a misdemeanor here rather than a felony. A lot will depend on how sympathetic the DA is with the situation your wife found herself in.

    When you grab a gun you have to absolutely control yourself to ensure you do not discharge it unless absolutely necessary. As a military person you understand full well the problems that fear and adrenline can cause when you have a weapon in your hand and military training helps you master that. Civilians who will handle guns need to have some decent gun training, too, and more than just how to shoot accurately. If your wife avoids the felony and avoids a ban on possession of a hand gun then I would strongly encourage her to take a series of training courses that help train her for situations like the one she had that day. She certainly wouldn’t want to accidentally injure or kill someone because she couldn’t get a good grip on her reactions.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Discharge of a Firearm Within Occupied Building

    In most cases in Pennsylvania when you're not taken into custody, the Preliminary Hearing and the Preliminary Arraignment are doubled up into the same appearance. The forms issued even say Preliminary Hearing/Preliminary Arraignment. Indeed afterwards, the real arraignment is scheduled in common pleas followed by the real trial.

    Having a lawyer early on is essential. Pleas deals are often negotiated at the Preliminary stage. If it's dropped down to a summary offense it may go on to the trial right then and there. Otherwise the charges and the bail will be set accordingly.

    There's a very good PA gun owners forum that may be able to help you further on this. http://forum.pafoa.org/

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