Popping Off discharging a firearm in a "reckless manner" can bring criminal consequences, including charges of reckless use of a firearm, ranging from serious misdemeanor to Class "C" felony, depending on whether injury or property damage occurs. If you or a loved one has been arrested for a firearms offense in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, contact DAC-LAW PLC today at 319-389-4276.
A person who intentionally discharges a firearm in a “reckless manner” commits a Class “C” felony if a serious injury occurs, a class “D” felony if a bodily injury occurs, an aggravated misdemeanor if property damage occurs without a serious injury or bodily injury occurring, or a simple misdemeanor if no injury to a person nor damage to property occurs.
Pursuant to Iowa Model Criminal Jury Instruction 200.20:
“A person is ‘reckless’ or acts ‘recklessly’ when he willfully disregards the safety of persons or property. It is more than a lack of reasonable care which may cause unintentional injury. Recklessness is conduct which is consciously done with willful disregard of the consequences. For recklessness to exist, the act must be highly dangerous. In addition, the danger must be so obvious that the actor knows or should reasonably foresee that harm will more likely than not result from the act. Though recklessness is willful, it is not intentional in the sense that harm is intended to result.”
If you or a loved one has been arrested for an Iowa OWI (DUI), contact DAC-LAW PLC at 319-389-4276 or
for an initial consultation today. However, remember that a blog is not legal advice and that sending unsolicited information to an attorney over the Internet does not establish an attorney-client relationship