PC 246.3(a) Lawyer Rancho Cucamonga — Discharge of Firearm Charges Rejected Before Filing

By Matthew Barhoma, Criminal Defense Attorney | Power Trial Lawyers Serving San Bernardino County, Los Angeles County, Orange County, and Riverside County

Quick Answer — What Happened in This Case: A client was arrested in San Bernardino County on a felony charge of Discharge of a Firearm with Gross Negligence under California Penal Code § 246.3(A). Power Trial Lawyers was retained immediately after arrest. Attorney Matthew Barhoma filed a Notice of Representation and initiated pre-filing advocacy with the San Bernardino County District Attorney’s Office. On February 17, 2026 — the scheduled arraignment date at the Rancho Cucamonga Superior Court — the District Attorney issued a DA Reject. No charges were filed. The case was closed at the pre-filing stage. Consult with a PC 246.3(a) Lawyer Rancho Cucamonga.

If Police Have Contacted You, You Have Been Arrested, or Your Arraignment Is Approaching: You are not required to speak with law enforcement without an attorney present. Under the Fifth Amendment to the United States Constitution, you have the right to remain silent. Under the Sixth Amendment, you have the right to counsel. Exercise both — immediately. Call Power Trial Lawyers now: 888-808-2179 Contact Attorney Matthew Barhoma → to Consult with a PC 246.3(a) Lawyer Rancho Cucamonga

Table of Contents

1. Case Result Summary
2. What Is a DA Reject in California?
3. What Is Discharge of a Firearm With Gross Negligence — PC 246.3(A)?
4. What to Do If You Are Under Police Investigation in California
5. What to Do If You Were Just Arrested in San Bernardino County
6. Why Pre-Filing Defense Is the Most Powerful Stage of a Criminal Case
7. How a Defense Attorney Influences the DA’s Filing Decision
8. How Prosecutorial Screening Works at the Rancho Cucamonga Superior Court
9. Timeline of Events in This Case
10. Common Mistakes Defendants Make Before Arraignment
11. What This Case Means for You
12. Frequently Asked Questions
13. About Power Trial Lawyers and Matthew Barhoma

Case Result Summary: A Felony Arrest That Never Became a Conviction

Charge: Discharge of a Firearm with Gross Negligence — California Penal Code § 246.3(A), Felony 

Court: Rancho Cucamonga Superior Court, San Bernardino County — Department R10 

Court Address: 8303 Haven Avenue Rancho Cucamonga, CA 91730

Judicial Officer: Ingrid A. Uhler 

Arresting Agency: Rancho Cucamonga District 

Bond: $30,000 surety bond posted 

Outcome: DA Reject — charges declined before filing 

Attorney: Matthew Barhoma, Power Trial Lawyers

Our client was arrested in January 2026 in San Bernardino County on a felony allegation of discharging a firearm with gross negligence. Following release on a $30,000 surety bond, the client retained Power Trial Lawyers. Attorney Matthew Barhoma filed a Notice of Representation and began immediate pre-filing defense work.

The case was assigned to the Rancho Cucamonga Superior Court under a “Pre-File RC” designation — meaning the District Attorney had not yet formally filed charges. On the scheduled arraignment date of February 17, 2026, the San Bernardino County District Attorney’s office issued a DA Reject. No criminal complaint was filed. No arraignment occurred. The case was closed.

This is what successful early intervention looks like.

What Is a DA Reject in California?

A DA Reject is a formal decision by the District Attorney’s office to decline to file criminal charges after reviewing an arrest submitted by law enforcement.

When law enforcement arrests someone in California, they do not file criminal charges themselves. The police submit an arrest report to the District Attorney’s office. A screening deputy — also called a filing DA — reviews that report and decides whether to proceed. The DA has three choices:

• File a criminal complaint — charges are formally lodged, arraignment is scheduled
• Reject the case — the DA declines to prosecute; no charges are filed
• Request further investigation — the DA sends the case back to law enforcement for more evidence

A DA Reject means option two occurred. No complaint was filed. No case exists on the criminal docket. The defendant is not formally charged with anything.

What a DA Reject Is Not

A DA Reject is not:

• A finding of factual innocence
• An expungement or sealing of the arrest record
• A guarantee that charges cannot be re-filed before the statute of limitations expires
• The same as a dismissal (which occurs after charges are filed)

Why DA Rejects Matter

For the person who was arrested, a DA Reject at the pre-filing stage is the best achievable outcome short of the arrest never happening. No arraignment. No formal charge on record. No plea entered. No case to defend in court. The machinery of prosecution stops before it starts.

This outcome is achievable — but it requires a defense attorney who is working before arraignment, not at it.

PC 246.3(a) Discharge of Firearm Lawyer in Rancho Cucamonga — What the Charge Means

California Penal Code § 246.3(A) makes it a crime to willfully discharge a firearm in a grossly negligent manner that could result in injury or death to a person. If your a loved one is facing this charge or being investigated, consult with a PC 246.3(a) Lawyer Rancho Cucamonga.

PC 246.3(A) is classified as a “wobbler” — the District Attorney may charge it as a felony or a misdemeanor depending on the facts, criminal history, and discretionary judgment. In our client’s case, the charge was designated as a felony.

Penalties for PC 246.3(A)

What the Prosecution Must Prove

To convict under PC 246.3(A), the prosecution must establish beyond a reasonable doubt that the defendant:

1. Willfully discharged a firearm
2. Did so in a grossly negligent manner
3. That the discharge could have resulted in injury or death to a person

The “Gross Negligence” Standard — Why It Matters Defensively

The gross negligence element is the most legally significant from a defense perspective. Under California law, gross negligence is not the same as ordinary carelessness or a simple mistake. It requires conduct that:

• A reasonable person would recognize as creating a high probability of death or great bodily injury
• Reflects a reckless disregard for human life

This is a demanding legal standard. Accidents, ambiguous circumstances, and conduct that falls below this threshold cannot legally support a conviction under PC 246.3(A). Defense attorneys who understand this standard can raise it — at the pre-filing stage and at trial — to challenge whether the prosecution’s evidence actually meets the bar.

What to Do If You Are Under Police Investigation in California

If police in California have contacted you, left you a voicemail, texted you, or knocked on your door — you are likely a suspect or person of interest. You are not required to speak with them.

This applies whether you are in San Bernardino County, Los Angeles County, Orange County, or Riverside County.

If a Detective Called You or Left a Voicemail

Do not call back without first speaking to a defense attorney. Detectives call suspects under the guise of “wanting to hear your side of the story.” There is no legal obligation to return the call. Anything you say — including in a voluntary, pre-arrest interview — can be used against you in court.

If Police Texted You

Do not respond. A text message to law enforcement is a written statement. Treat it the same as a formal interview.

If Police Are at Your Door

You are not required to open the door unless officers present a valid warrant. You may speak through the door or decline to answer altogether. You may state: “I do not consent to a search. I will not answer questions without my attorney present.” Then call a criminal defense attorney immediately.

If You Know a Warrant May Be Coming

Retain counsel now. Consult with a PC 246.3(a) Lawyer Rancho Cucamonga. Pre-arrest representation allows your attorney to monitor developments, advise you on every interaction with law enforcement, and in some cases engage with prosecutors before an arrest is made. This is the most underutilized protection available to someone under investigation.

The Five Rules If You Are Under Investigation

1. Say nothing to law enforcement without your attorney present — not to be helpful, not to explain, not to deny
2. Say nothing in writing — no texts, no emails, no social media posts about the matter
3. Do not discuss the case with friends, family, or anyone whose communications could be monitored
4. Do not destroy or conceal anything — evidence tampering is a separate felony
5. Retain a criminal defense attorney today — the pre-arrest window is your most powerful protection

Call Power Trial Lawyers: 888-808-2179 Request a Confidential Consultation → PC 246.3(a) Lawyer Rancho Cucamonga

Arrested for PC 246.3(a) in San Bernardino County? Immediate Steps to Protect Yourself

If you were just arrested in San Bernardino County — including in Rancho Cucamonga, Ontario, Fontana, Victorville, or elsewhere in the county — the hours after your release are the most important in your case.

The District Attorney has not yet decided whether to file charges. That decision is made in the coming days or weeks. A defense attorney retained right now can influence that decision. A defense attorney retained after charges are filed cannot.

Immediate Steps After Arrest in San Bernardino County

1. Invoke your right to remain silent. Under the Fifth Amendment, you cannot be compelled to incriminate yourself. Invoke clearly: “I am invoking my right to remain silent and my right to counsel.” Then stop speaking.
2. Post bond and secure release as quickly as possible. Time outside custody is time your attorney can use to begin pre-filing advocacy.
3. Retain experienced criminal defense counsel immediately. Not next week — today.
4. Follow your attorney’s instructions precisely. Do not make decisions about the case, contact witnesses, or take any action without guidance from counsel.
5. Appear at every scheduled court date. Failure to appear results in a bench warrant and forfeiture of your bond.

Pre-Filing Defense for PC 246.3(a) Charges — How Lawyers Stop Cases Before Arraignment

Pre-filing defense is the period between arrest and the DA’s filing decision. It is the single most consequential — and most frequently wasted — window in a California criminal case.

Most people treat the pre-filing period as a waiting room. They have a court date on the calendar. They assume there is nothing to do until then. This is a fundamental misunderstanding of how California’s criminal process works.

The Filing Decision Is Not Automatic

In California, the police do not file criminal charges. The District Attorney does — and the DA is not required to file every arrest. The DA exercises independent prosecutorial discretion and reviews each case against a standard that includes:

• Whether sufficient evidence exists to prove the charge beyond a reasonable doubt
• Whether key witnesses are available and credible
• Whether constitutional violations in the investigation affect the admissibility of evidence
• Whether prosecution serves the interest of justice under the specific circumstances

Each of these factors can be influenced by defense counsel before the filing decision is made.

What Happens When You Have No Attorney Before Arraignment

Without defense representation during the pre-filing window:

• The DA receives only the police report — one side of the story
• No one raises legal deficiencies in the investigation
• No mitigating context reaches the screening deputy
• The defendant has no professional advocate when the filing decision is made

The DA files charges. The case proceeds. The window for pre-filing intervention closes — permanently.

What Happens When You Retain Counsel Immediately

With defense representation during the pre-filing window:

• Counsel files a Notice of Representation with the DA’s office
• Defense counsel communicates professionally and strategically with the screening deputy
• Legal deficiencies, evidentiary weaknesses, and mitigating facts are formally presented
• The defendant has an advocate at the exact moment the filing decision is being made

In our client’s case, this is exactly what happened — and the result was a complete DA Reject.

Rancho Cucamonga PC 246.3(a) Defense Attorney

Power Trial Lawyers represents clients charged with discharge of a firearm under Penal Code § 246.3(a) at the Rancho Cucamonga Superior Court. We handle pre-filing advocacy, DA screening interventions, and felony firearm defense throughout Rancho Cucamonga, Ontario, Fontana, Upland, Chino, and western San Bernardino County.

If you were arrested for a gun charge or told to appear in Department R10, the filing decision may still be pending. This is the window where cases are won.

How a Defense Attorney Influences the DA’s Filing Decision

Defense attorneys can directly and legitimately influence whether the District Attorney files charges in a pre-filing case in California.

This is not a theoretical proposition. It is the practical mechanism that produced the DA Reject in this case.

Step 1: Filing a Notice of Representation

When Power Trial Lawyers was retained, attorney Matthew Barhoma immediately filed a Notice of Representation with the San Bernardino County District Attorney’s office. This notice accomplishes several things simultaneously:

• It formally identifies defense counsel to the prosecuting agency
• It opens a professional channel of communication between the defense and the screening deputy
• It signals that the defendant is represented, prepared, and that the case will be contested if filed
• It cuts off any further direct contact between investigators and the defendant

The notice changes the dynamic immediately. A represented defendant means a contested case — cross-examination, legal motions, evidentiary challenges, and the real possibility of acquittal. Prosecutorial resources are finite. Contested cases consume substantially more of them. That may be the difference when you contact a Discharge of firearm attorney in San Bernardino.

Step 2: Case Assessment and Evidence Review

Defense counsel conducts an independent assessment of the police report, arrest circumstances, and available evidence. In a PC 246.3(A) case, this means examining:

• What physical evidence was collected and how
• Whether the “gross negligence” element is actually supported by the facts
• Whether any Fourth Amendment issues affect the admissibility of key evidence
• The credibility and availability of any witnesses
• Whether any statements made at the time of arrest were obtained in compliance with Miranda requirements

Under Miranda v. Arizona, 384 U.S. 436 (1966), statements made during a custodial interrogation without a proper advisal of rights may be suppressed. Under the Fourth Amendment, evidence obtained through an unlawful search or seizure is subject to exclusion under the fruit of the poisonous tree doctrine established in Wong Sun v. United States, 371 U.S. 471 (1963).

Identifying these issues before the filing decision allows defense counsel to present them to the screening deputy as factors that would make the case difficult or impossible to win at trial.

Step 3: Pre-Filing Advocacy

With a Notice of Representation on file and a case assessment complete, defense counsel communicates directly — and professionally — with the screening deputy. This communication may include:

• Presentation of mitigating facts and context not available in the police report
• Identification of legal deficiencies that affect the likelihood of conviction
• Argument that the specific facts do not meet the “gross negligence” standard under PC 246.3(A)
• Any constitutional issues that would likely result in suppression of key evidence

This advocacy is not negotiation. It is legal argument — delivered at the one moment when it can prevent a charge rather than merely contest one.

Step 4: Client Conduct Management

Defense counsel also manages client conduct during the pre-filing window. This means:

• Ensuring the client makes no statements to law enforcement
• Advising on social media and communications
• Confirming compliance with all bond conditions
• Preventing contact with any witnesses or alleged victims

Conduct that undermines the defense, or that creates additional criminal exposure, is eliminated through proactive guidance.

How the Rancho Cucamonga Superior Court Screens PC 246.3(a) Firearm Cases

The Rancho Cucamonga Superior Court is located in San Bernardino County and serves the Rancho Cucamonga District. Criminal cases are screened by the San Bernardino County District Attorney’s Office before a complaint is filed.

The Pre-File RC Designation

Cases originating in the Rancho Cucamonga district are assigned a “Pre-File RC” designation when the arrest has been submitted to the court system but the DA has not yet filed a criminal complaint. This designation — visible in the case summary documents from this matter — signals that the case is in the active screening phase.

The presence of a “Pre-File RC” designation is, for an experienced defense attorney, a green light. The door to pre-filing intervention is still open. The DA has not committed to prosecution. The window is available — but it will not remain so indefinitely.

The Screening Deputy’s Analysis

The deputy district attorney assigned to screen the case applies the following framework:

Legal sufficiency: Is there probable cause to believe the defendant committed the charged offense? Can the elements of the crime be proven beyond a reasonable doubt with the available evidence?

Witness availability and credibility: Are witnesses willing and able to testify? Are their accounts consistent, corroborated, and credible?

Constitutional compliance: Was the investigation conducted lawfully? Are there Fourth Amendment (search and seizure) or Fifth Amendment (self-incrimination) issues that could result in suppression of key evidence?

Interest of justice: Even if the case is technically sufficient, are there circumstances — mitigating facts, disproportionality, defense advocacy — that counsel against filing?

Each of these analytical points is a potential entry for defense intervention.

San Bernardino County DA Office — Key Facts for Defense Purposes

• Jurisdiction: Cases arising in Rancho Cucamonga, Ontario, Fontana, Chino, Upland, and surrounding communities in western San Bernardino County
• Arraignment court: Rancho Cucamonga Superior Court, 8303 Haven Avenue, Rancho Cucamonga, CA 91730
• Filing timeline: For defendants in custody, charges must be filed within three court days. For defendants on bail, the limitations period applies (generally three years for most felonies under Penal Code § 801)
• Wobbler discretion: For charges like PC 246.3(A), the DA exercises discretion on felony vs. misdemeanor designation at the time of filing

Timeline of Events in This Case

Total pre-filing window: approximately six weeks. Six weeks in which the outcome of this case was determined entirely by the quality and timing of defense strategy.

Common Mistakes Defendants Make Before Arraignment

Mistake 1: Assuming the Case Will Resolve Itself

Many defendants believe that because their arrest involved ambiguous circumstances, or because they are factually innocent, the system will recognize this and charges will not be filed. This is not how the process works. The DA reviews police reports — documents written from one perspective, by the arresting agency. Without defense counsel presenting a counter-narrative, the screening deputy has only one side of the story. Cases get filed that would not be filed if a defense attorney had been involved.

Mistake 2: Talking to Detectives Without a Lawyer

You are not required to speak with law enforcement after an arrest. You have no legal obligation to return a detective’s call, respond to a text, or agree to a voluntary interview.

Under the Fifth Amendment, you cannot be compelled to be a witness against yourself. Under Miranda v. Arizona, any statements made during custodial interrogation without a proper advisal of rights may be suppressed — but voluntary, pre-arrest statements are not subject to this protection. Everything you say voluntarily, including in informal conversations with detectives after release, can be used against you at trial.

Invoke your rights. Call a lawyer. Say nothing else.

Mistake 3: Posting on Social Media

Law enforcement and prosecutors routinely monitor social media activity by defendants in active cases. A photograph, a post, a location check-in, or a comment — all of it can and does appear in courtrooms. Digital silence from the moment of arrest through final resolution is not optional. It is essential.

Mistake 4: Contacting Witnesses or Alleged Victims

Contact with witnesses, co-defendants, or alleged victims — even through family members or mutual friends — can result in additional charges for witness tampering, harassment, or violation of a protective order. Even well-intentioned contact can transform a manageable case into a catastrophic one. All such contact must stop at the moment of arrest and must remain stopped until a defense attorney advises otherwise.

Mistake 5: Waiting to Hire an Attorney

This is the most consequential mistake of all. Every day between arrest and the filing decision that passes without a defense attorney on the case is a day when the DA’s office is working without a counterweight. The pre-filing window is finite. When arraignment arrives without prior representation, that window is closed. The case has been filed. The opportunity for pre-filing intervention — the kind that produced a DA Reject in this matter — is gone.

What This Case Means for You

If You Have Been Arrested in San Bernardino County

The most important thing this case demonstrates is that the outcome of a criminal matter is not determined at arraignment, at trial, or at sentencing. It is determined — or at minimum powerfully shaped — in the days and weeks between arrest and the DA’s filing decision. That window is available to you right now. It will not remain so.

Call Power Trial Lawyers immediately: 888-808-2179 Speak with Matthew Barhoma →

If You Are Facing a PC 246.3(A) Charge Anywhere in Southern California

Discharge of a Firearm with Gross Negligence under California Penal Code § 246.3(A) is a serious felony with life-altering consequences. The “gross negligence” element is a real legal threshold — one that a skilled defense attorney can challenge at every stage, from pre-filing through trial. This case demonstrates that those challenges, mounted at the right moment, can result in a complete rejection before any charges are ever filed.

If Police Have Contacted You and You Have Not Yet Been Arrested

You are at the very earliest stage of this process — and that is where you have the most leverage. Pre-arrest representation is the most underutilized protection in California criminal defense. Your attorney can monitor the investigation, advise you on every contact with law enforcement, and in some cases present information to investigators or prosecutors that prevents an arrest from occurring at all.

Do not wait for an arrest. Call now.

888-808-2179 | powertriallawyers.com/contact-us

Frequently Asked Questions

About Power Trial Lawyers and Matthew Barhoma

Power Trial Lawyers is a California criminal defense firm representing individuals throughout Southern California, including San Bernardino County, Los Angeles County, Orange County, and Riverside County. The firm handles serious felony matters, pre-filing investigations, weapons charges, and complex multi-count criminal defense at all stages — from pre-arrest through appeal.

Serving Firearm Defense Clients Throughout Western San Bernardino County

Including:

• Rancho Cucamonga
• Ontario
• Fontana
• Upland
• Chino
• Montclair

Attorney Matthew Barhoma is a PC 246.3(a) Lawyer for Rancho Cucamonga that focuses on strategic, defense-forward representation designed to achieve the earliest and most favorable resolution possible in every matter. The result described in this case study — a complete DA Reject on a felony PC 246.3(A) charge at the Rancho Cucamonga Superior Court — is a demonstration of what that commitment produces in practice.

Power Trial Lawyers represents clients facing investigation or prosecution for:

• Discharge of a Firearm with Gross Negligence (PC 246.3)
• Assault with a Firearm (PC 245(a)(2))
• Carrying a Concealed Weapon (PC 25400)
• Felon in Possession of a Firearm (PC 29800)
• Criminal Threats (PC 422)
• Other serious felony and misdemeanor matters throughout Southern California

If you are facing a firearm charge, a pre-filing investigation, or any serious criminal matter in San Bernardino County or elsewhere in California, contact Power Trial Lawyers immediately.

Call: 888-808-2179 Online: powertriallawyers.com/contact-us

Charged With PC 246.3(a)? Your Case Is Decided Before Court.

If police arrested you for discharge of a firearm in Rancho Cucamonga or San Bernardino County, the DA has not necessarily filed charges yet. This is when defense strategy matters most.

Call now: 888-808-2179

Prior Results Disclosure: The case result described in this article reflects the outcome of a single matter handled by Power Trial Lawyers. It is presented for informational purposes only. Every criminal case is factually distinct, legally complex, and subject to its own unique set of circumstances, evidence, and prosecutorial considerations. Criminal defense is an inherently difficult and uncertain discipline. No attorney can guarantee an acquittal, a dismissal, a DA rejection, or any other specific outcome. A favorable result in one case does not predict, promise, or guarantee a similar result in any other case. Prior results do not establish a standard of care and should not be relied upon as an indication of how your case will be handled or resolved. If you are facing criminal charges or are under investigation, consult with a licensed California criminal defense attorney for advice specific to your situation. Prior success does not guarantee similar or like success in your case. Consult with a lawyer promptly to consult regarding your case.

This article is provided for general informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice specific to your matter, contact a licensed California criminal defense attorney directly.

Power Trial Lawyers | 888-808-2179 | powertriallawyers.com/contact-us | PC 246.3(a) Lawyer Rancho Cucamonga