
In Alabama, few criminal charges carry more weight than shooting into an occupied vehicle or dwelling. Many people think of this offense as something tied only to gang violence or deliberate attempts to harm someone, but in reality the law applies to any situation where a firearm is discharged into a place where people are present. Under Alabama Code section 13A-11-61, it is a crime to shoot or discharge a firearm, explosive, or other weapon that propels a projectile into any occupied or unoccupied building, vehicle, aircraft, or watercraft. When the target is occupied, the offense is treated as a Class A felony, which means a conviction carries a sentence of not less than ten years and up to life in prison. The fine can be as much as sixty thousand dollars. The severity of the law reflects the risk to human life that comes with firing into a space where people could be injured or killed.
Courts in Alabama take these cases extremely seriously. Prosecutors often rely on physical evidence from the scene, witness testimony, and forensic ballistics to prove their case. Even if no one is physically harmed, the state does not have to show that the shooter intended to injure or kill, only that they knowingly fired into an occupied structure or vehicle. This broad definition means that heated arguments, reckless behavior, or even warning shots can result in a Class A felony charge if a round enters a space where people are present. Once charged, the consequences begin immediately, including arrest, potential denial of bond, and restrictions on contact with any alleged victims.
Defending against this type of charge requires a careful look at the facts. A skilled defense attorney may challenge whether the space was truly occupied, whether the defendant was the one who fired the weapon, or whether the discharge was accidental. Self-defense is another potential defense if the shot was fired to protect against an immediate threat. Because the law is strict and the penalties are severe, early intervention by a lawyer is critical. In some cases, it may be possible to negotiate a reduction to a lesser offense such as discharging a firearm within city limits or criminal mischief, which carry much lower penalties.
Many people have questions about this charge. Is it still a felony if the building or vehicle was empty? Yes, but it is classified as a Class B felony rather than a Class A felony when no one is inside. Can the charge be dropped if no one was injured? Injury is not required for prosecution, so the case can still move forward. Is parole available for a Class A felony conviction of this kind? In many cases yes, but aggravating factors such as use of a deadly weapon in connection with another felony can limit eligibility. Can this offense result in federal charges? It is possible if the firearm was possessed illegally or if other federal statutes were violated, such as during a drive-by shooting that crosses state lines. How quickly should someone charged with this crime get a lawyer? Immediately, because the evidence and witness statements are often gathered in the hours after the incident and can make or break the case.
If you are facing a charge of shooting into an occupied vehicle or dwelling in Alabama, your freedom and your future are on the line. For immediate legal help, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205 335 2640. Get Relief Get Results.