James G. Dimeas Will Provide Effective and Aggressive Defense for Your Aggravated Discharge of a Firearm Case by One of the Best Gun Lawyers in Chicago. Any individual who commits reckless discharge of a firearm could be facing a prison sentence. The 2nd Amendment of the Constitution guarantees your right to bear arms, and implicit in that right is to use that gun in self-defense. For example, an attorney can show that an accused: - did not act with criminal negligence, - is exempt under the law, and/or. Rape/Sexual Assault Cases. If the victim is a police officer, Aggravated Discharge has a sentencing range of 10 to 45 years IDOC while Aggravated Battery with a Firearm would have a sentencing range of 15 to 60 years IDOC.
Aggravated Discharge Of Firearm
5), and this is classified as a Class 4 felony. If you are charged with the Class 1 felony of Aggravated Discharge of a Firearm, you could be sentenced to probation for up to 4 years. This article was enacted to fight drive-by shootings. What a great lawyer and an even better guy! Maybe, for example, a person had a handgun that he/she thought was unloaded and fired it on complete accident. I refused to plead guilty to something I did not do.
If the convicted individual is an immigrant, this could lead to possible deportation. Ward also had two outstanding warrants for a State Department of Corrections (Minnesota) Parole Violation and a Lyon County (Minnesota) Sheriff's Office Probation Violation on Domestic Assault. An example of this type of offense would be discharging a firearm while traveling in a moving vehicle. They will know what route should be taken, based on the details of the case, to produce more desirable end-results. You can be charged with Aggravated Discharge of a Firearm even though no one was shot. The elements listed in 720 ILCS 5/24-1. He did so without regard for their safety and could have caused someone serious injury or death. Once a self-defense claim is properly raised, the State has the burden of. 3 or any of the similar offenses? 730 ILCS 5/3-6-3(a)(2)(iv).
Our attorneys can help you and they provide both free consultations and legal advice you can trust. 2(b), it is a Class X Felony to do that. According to 720 ILCS 5/4-6, to do something recklessly means that you are consciously aware that your actions could create certain circumstances or results, which relate to the specific offense under question. 2011)(citing Gengnagel v. State, 748 S. 2d 227, 229 (), superseded by constitutional amendment on other grounds, Tex. However, if you use it in certain places and without regard for the safety of others, you could be charged with reckless discharge of a firearm or aggravated reckless discharge of a firearm charges. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney. Class X felonies could be punishable by a mandatory minimal sentence of 10 years imprisonment, with an optimal sentence of 50 years jail time for some offenses. If you want to protect your legal rights and your future, call us today at 312-909-0706. Arizona Revised Statutes 13-3107 Subsection A. That means that the sentencing range for a Class 1 Aggravated Discharge of a Firearm would be 4 to 30 years in the Illinois Department of Corrections if you have a prior class 1 conviction. These laws are designed to protect the public and to prevent gun accidents and crimes.
Aggravated Assault Discharge Firearm
I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois". If you've been charged with the unlawful discharge of a weapon, you face significant penalties that can negatively impact your life, your family, and your job. Somebody was looking out for me. When a firearm is discharged, there is always a chance of an "ilcs" – aggravated discharge – occurring. Aggravated battery, however, requires someone to have been shot (that's the battery part of aggravated battery). Published on November 16 2021 9:04 am.
"It was not me" defense. An effective gun crimes defense attorney will be familiar with the common defenses that have been used against charges for PC 246. Given the extreme danger of these weapons, the state of Illinois specifically prohibits this type of dangerous firearm use. Get a defense attorney by your side who will aggressively protect your interests. The law is found at 720 ILCS 5/24-1. Surprisingly, you CAN receive probation on an Agg.
Many people would know that firing a gun when others are around could endanger their lives. Reckless discharge of a weapon in Illinois is a criminal offense that is regarded as a felony, and anyone facing this type of charge should seek legal advice immediately. I got into an argument with my ex-boyfriend. Prosecutors typically prove that you intentionally (versus accidentally) fired the weapon from the circumstances surrounding the situation, witness testimony, or even your own statements. Accidental discharges can incur misdemeanor convictions and may include up to a year in jail or fines. They would shoot the BB's at Billboards, street signs, and trees. My mother told me to call James Dimeas.
Aggravated Discharge Of A Firearms
Class 1 felonies are punishable by 4 to 15 years jail time, probation, social work, and/or around $25, 000 in fines. You may be guilty of this crime if you intentionally discharge a firearm at another person. While the formal punishments associated with firing a gun in a manner or under conditions that endanger others are extremely punitive, there are other life-long effects that may accompany such a conviction, such as: Despite the serious nature of the consequences that can flow from unsafe discharge of a firearm, an arrest is not a conviction. When there is evidence you fired the gun within 1, 000 feet of a school, park, bus or school activity, you could be charged with a Class X felony. The defendant in that case was trying to shoot his brother, but actually shot his ex-wife. After hearing some screams, Jose grabbed his gun and shot the ground near the bears.
The investigation into what initiated the incident is ongoing by Effingham Police Detectives. There are two major differences between the charges: 1) Was someone shot? When a person is charged with acting recklessly in the commission of an offense, article 21. James Dimeas is one of the leading criminal defense attorneys in Illinois.
When recklessly discharging a firearm, you are technically discharging a firearm in an aggravated manner. Thus, it is very hard to convince a prosecutor to dismiss or to reduce those charges.
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Service time: approximately 4 man-hours, depending on condition.