Practically anyone who takes part in a drive-by shooting knows that what they are doing is illegal, but few people know what specific penalties this serious crime carries. While some people believe only the shooter is criminally liable for the offense, that is far from the truth. In fact, even if you were not involved with the incident, but your vehicle was used to commit the crime, you could be convicted if the prosecution can prove that you knew the person you lent your vehicle to intended to use it to do a drive-by shooting. That is why anyone accused of being involved with this crime needs a San Diego drive-by shooting from a motor vehicle attorney as soon as possible.
How Much Prison Time for Drive-By Shooting
Penalties for drive-by shootings vary based on the specifics of the crime and what role each person played in the incident. A driver involved in such activity could face up to three years in prison and $10,000 in fines.
The person who will face the most severe penalties though is the one who shot the gun. How much prison time someone gets for a drive-by shooting where they were the shooter will vary based on whether anyone was injured. If you are convicted for being the shooter in a drive-by, you could face up to seven years of prison if no one was injured. If someone was seriously injured though, you could be sent to jail for up to ten years and if someone was killed, you could face murder charges and thus, life imprisonment.
Additional Sentences for Drive-by Shooting
Additionally, a driver or passenger may be liable for the same punishment as the shooter if they aided and abetted in the crime, meaning they knew about and intended to assist in the crime. If the shooting was done by or in connection with a street gang, an additional 10 year prison term will be imposed, or 15 years is someone was seriously injured. With these types of serious penalties, it is easy to see just how important a top San Diego drive-by shooting from a motor vehicle lawyer can be to your case.
Fighting Drive-By Shooting Charges
There are defenses for these types of crimes, and your criminal attorney can help you determine the best course of action for your specific case. In some situations, your best option might be to seek an agreeable plea bargain. In other cases, your violent crime defense lawyers might be able to argue that there is not enough evidence to prove that you were in the car when the shooting occurred.
Some defendants in have been able to prove that they only shot at the alleged victims in self defense, after the other party pulled out firearms and aimed them at the defendant’s vehicle. Drive-by shootings often happen so fast that eye witness reports are not reliable when it comes to who was involved or who started shooting first. With the right lawyers on your side, you may be able to show that the prosecution does not have enough proof to show you were involved with the shooting or that you did not act in self defense.
If you have been arrested for your role in a drive-by shooting, please call San Diego drive-by shooting from a motor vehicle attorney Peter M. Liss at (760) 643-4050 as soon as possible.
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