Most people think of BB guns as something kids used to play with. They may think of a famous holiday movie about a Red Rider BB Gun. Whatever your thoughts are about BB guns, it is likely that they do not involve thinking of a BB gun as a real weapon. However, it is possible to be charged with a crime for using a BB gun in California. Keep reading to learn more. Then contact Law Office of Michael L. Fell at (949) 585-9055 for your free legal consultation.
Shooting a BB Gun Could Lead to a Charge of Battery
In the state of California, battery is any willful and unlawful use of force or violence from one person to another. A conviction requires that the accused intentionally used force or violence against another person. The charge can be used broadly for any type of force, even if no one is injured by said force. A person can be charged with battery for punching someone or they can be charged with battery for intentionally shooting them with a BB gun. Battery is a misdemeanor charge that can come with up to six months in county jail and fines of as much as $2,000.
Shooting a BB Gun Could Lead to a Charge of Assault
Battery covers the action of shooting at and hitting someone with a BB gun, but what if you miss? That is still a crime – assault. This is defined as unlawfully attempting to commit violent injury coupled with the ability to do so. This is also a misdemeanor that can come up with up to six months in jail and fines of as much as $1,000.
Shooting a BB Gun Could Lead to a Charge of Assault with a Deadly Weapon
Committing assault with a deadly weapon that is not a firearm, which would include a BB gun because it is considered an imitation firearm, can be charged as a felony or misdemeanor. The misdemeanor conviction can result in up to 364 days in jail and fines of as much as $1,000. A felony conviction could result in up to four years in prison and fines of as much as $10,000.
You Could Be Charged with a Crime Even if You Do Not Aim at Anyone
You may be tempted to assume that, based on the above information, as long as you do not aim your BB gun at anyone, you cannot be charged with a crime. This is false. If someone is injured by a stray bullet, you could be held responsible. In fact, even if you shoot your gun and no one is hit, you could be charged. The prosecution must prove that you shot the BB gun on purpose, with gross negligence, that someone could have been injured or killed, and that you were not defending yourself.
If you are facing any of these charges, or others related to weapons, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.