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In a recent case patrol officers responded to the area of 700 S. Townsend St. regarding a shooting, according to the SAPD.
The officers detained three individuals and located a loaded firearm during a search of the area.
During the investigation the officers arrested an adult male suspect and a male juvenile. They were both booked at the Santa Ana Jail and the O.C. Juvenile Hall respectively.
The penalties the male suspect and the male juvenile could face are serious and depend on several factors, including the specific charges filed by the Orange County District Attorney’s Office, their ages, prior criminal records (if any), and the circumstances surrounding the shooting and the recovery of the loaded gun.
Here’s a breakdown of potential charges and penalties:
Potential Charges
Based on the information provided, the suspects could face charges related to:
- Assault with a Firearm (California Penal Code § 245(a)(2)): This is a serious felony. Even pointing a loaded gun at someone can be considered assault with a firearm.
- Negligent Discharge of a Firearm (California Penal Code § 246.3): If the shooting was deemed grossly negligent, this could be charged as a misdemeanor or a felony.
- Possession of a Loaded Firearm in Public (California Penal Code § 25850): Carrying a loaded firearm in public is illegal in California and can be charged as a misdemeanor or a felony depending on various factors.
- Unlawful Possession of a Firearm (California Penal Code § 29800 et seq.): This could apply if either suspect is prohibited from owning a firearm due to prior convictions or other legal restrictions. For a juvenile, possession of a handgun is generally prohibited under California law (Penal Code § 29610).
- Gang-Related Offenses (California Penal Code § 186.22): If the shooting and firearm possession are found to be gang-related, sentencing enhancements could apply.
Penalties for the Adult Male Suspect
If the adult male suspect is convicted, he could face the following penalties:
- Assault with a Firearm (Felony): 2, 3, or 4 years in state prison, a fine of up to $10,000, and a “strike” under California’s Three Strikes Law. The penalties can be more severe if the victim was a peace officer or if an assault weapon was used.
- Negligent Discharge of a Firearm:
- Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000, and a 10-year ban on owning firearms.
- Felony: 16 months, 2, or 3 years in state prison and/or a fine of up to $10,000, and a lifetime ban on firearm ownership.
- Possession of a Loaded Firearm in Public:
- Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000.
- Felony: Up to 3 years in state prison, especially if the suspect has prior felony convictions or is involved in gang activity.
- Unlawful Possession of a Firearm (Felony): 16 months, 2, or 3 years in jail and/or a fine of up to $10,000, and a lifetime ban on firearm ownership, especially if the suspect is a convicted felon.
- Gang Enhancements: Additional prison time ranging from 2 to 10 years, depending on the underlying felony.
Penalties for the Male Juvenile Suspect
The juvenile justice system differs significantly from the adult system. If the male juvenile is found responsible for the offenses, the penalties could include:
- Probation: This often involves conditions such as regular meetings with a probation officer, counseling, community service, and adherence to specific rules set by the court.
- Deferred Entry of Judgment: If the juvenile meets certain criteria, the court may allow them to complete a program, and if successful, the charges could be dismissed.
- Electronic Monitoring or Home Confinement: The juvenile may be required to wear an ankle monitor or remain at home except for specific activities.
- Camp Community Placement: A more restrictive placement in a juvenile camp or ranch.
- Youthful Offender Parole Hearing (for serious felonies): In severe cases, especially if the juvenile was 16 or older at the time of the offense and committed a serious felony, they could be subject to the possibility of a Youthful Offender Parole Hearing after serving a significant period in the Division of Juvenile Justice (DJJ), formerly the California Youth Authority (CYA).
- Firearm Restrictions: A juvenile found responsible for a firearm offense will likely face restrictions on their ability to possess firearms in the future, potentially until the age of 30 under California Penal Code § 29820 PC if the offense was a violent or drug-related felony.
Additional Considerations
- Prior Record: If either suspect has a prior criminal record, the penalties will likely be more severe.
- Use of the Firearm: If the firearm was used to injure someone, additional charges and enhanced penalties could apply.
- Cooperation with Law Enforcement: The extent to which the suspects cooperate with the investigation could influence the prosecutor’s decisions.
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