Have You Been Charged with Discharging a Firearm While Under the Influence of Alcohol or Drugs in Georgia?
Georgia laws place significant penalties on those convicted of weapons offenses and DUI charges. Therefore, a person convicted of discharging a firearm while under the influence is facing heightened consequences. If you or a loved one find have been charged with DUI or a weapons offense, it is critical to hire an experienced Georgia Weapons Lawyer. Many people convicted of a weapon-related crime end up with a felony on their record. Don't let that happen to you! We have over 50 combined years of criminal defense experience. We know how to protect your rights, your future, and your freedom. Call now for a free case evaluation.
Georgia Law on Discharging a Firearm While Under the Influence of Alcohol or Drugs
Georgia law O.C.G.A. § 16-11-134 states:
It shall be unlawful for any person to discharge a firearm while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
(2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in O.C.G.A. §16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
Penalty for Discharging a Firearm While Under the Influence in Georgia
A conviction for discharging a pistol or revolver while under the influence of alcohol or drugs will be treated as a misdemeanor of a high and aggravated nature. The punishment can include a fine up to $5,000.00, jail time up to one year, or both.
There are many alternative solutions we use to help our clients avoid these penalties. Our decades of experience as Georgia Discharging a Firearm While Under the Influence Attorneys gives us the upper hand when negotiating your case with the prosecutor. When your future and freedom are on the line, don't trust a general practitioner with your case; hire an experienced criminal lawyer!
Georgia Defenses to Discharging a Firearm While Under the Influence
Insufficient Evidence: We frequently represent clients where after combing through their case, realize an arrest was made without sufficient evidence. We are experienced in bringing forth motions and arguing their case and getting it dismissed based on a lack of evidence.
Missing Element: To be convicted of discharging a firearm while under the influence in Georgia, the defendant must have had a blood alcohol concentration of .08 or higher and fired a firearm at that time. If the firearm was fired earlier or your BAC was lower, then you cannot be convicted under this statute.
Innocence: We understand that you may have been at the wrong place at the wrong time. We also see when defendants are chosen out of a lineup of possible suspects and the wrong one selected because of similar characteristics. If you have an alibi for the time the crime occurred, call us now.
A firearm was used, but it was in defense of life, health, or property: The statute gives an exception for when a person is permitted to discharge a firearm. However, your attorney must collect evidence demonstrating how it was in defense and must be proficient in convincing the court of this as well.
It is important to note that even if you discharged a firearm while under the influence of a drug you were legally entitled to use, you could still be charged under this statute.
No matter what the particulars of your case may be, there are always Georgia Criminal Defenses at your disposal. Our discharging a firearm lawyers in Georgia have more than 20 years of experience in exclusively criminal law. We are proficient in reaching resolutions outside of trial but are also extremely capable of taking your case to trial. However, we will discuss all your options with you before you choose how to proceed with your situation.
Contact Us Today
If you or a loved one has been charged with a weapon crime, you are facing severe penalties that will put your future and freedom at risk. We are experienced in handling weapons possession cases and want to help you achieve the best possible result for your case. We have built relationships with prosecutors throughout Georgia that will help you get the best result. Call now for a free no-obligation consultation.