Aggravated discharge of a firearm state when a person knowingly or unknowingly fires the weapon at any person, at or into any building. 5 years assuming you do not receive any other credits. Any reasonable person would not have acted in such a way considering the high risk. Aggravated Discharge of a Firearm is often charged with either Attempt Murder or Aggravated Battery with a firearm. A peace officer discharging their firearm in the line of duty is exempt from these penalties. How Long Is the Mandatory Supervised Release or Parole Period for an Aggravated Discharge of a Firearm? Their approach to legal problems is head-on, efficient, and with a plan of attack catered to their clients. You may be guilty of this crime if you intentionally discharge a firearm at another person. To understand the boundaries of this offense, the following sections will review the definition of and penalties for aggravated discharge of a firearm in Illinois. We've previously discussed the fact that merely having a firearm in your possession without the proper authorization can lead to criminal charges, so it's probably no surprise that the unlawful discharge of a firearm can also be a serious offense. 1 No criminal negligence. Next, a person commits aggravated discharge of a firearm when he discharges a firearm in the direction of a peace officer. Jan successfully shot her old stuffed animals.
Aggravated Discharge Of A Firearm In Illinois
The law is found at 720 ILCS 5/24-1. What level of felony is Aggravated Discharge of a Firearm? The statute is extremely broad, and by its terms seeks to encompass even reckless or negligent behavior. These weapons include a gun, knife, baton, or other weapon used to perform their official duties.
Unlawful Discharge Of A Firearm
That was one of the greatest day of my life. Under the statute with certain exceptions, it is illegal for any person to either: - knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises; or. It's a good idea to never fire a weapon in a reckless way. C) To a person who accidentally discharges a firearm. You should also know that this is a violent crime that carries a heavy penalty. In addition, they must carry certain weapons with them on the job. I see the group that we don't like, and as you drive by the block, I shoot at that group from the passenger side of your car. You Need Chicago Criminal Defense Lawyer Tikhvinskiy to Fight You Reckless Discharge of a Firearm Charge. Often times, Aggravated Discharge of a Firearm is charged at the same time as Aggravated Battery with a Firearm. • Reckless Discharge of a Firearm/Endangerment (Class 4 Felony).
Aggravated Discharge Of A Firearms
If the victim is a community volunteer with the police. Image courtesy of Quentin Kemmel). Comprehensive Guide to Illinois Aggravated Discharge of a Firearm 720 ILCS 5/24-1. Illinois' Truth-In-Sentencing law states: "that a prisoner serving a sentence for aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.
Aggravated Discharge Of A Firearm Illinois
The language of ARS 13-3107 states: "A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony. Firing into a Vehicle or Structure: If you fire your gun into a vehicle or structure from outside, you may be arrested for aggravated discharge of a firearm in Chicago or elsewhere in Cook County. Aggravated battery with the discharge of a firearm. For additional help….
Aggravated Discharge Of A Firearm Sentencing
Supervision Possible? They can destroy your property, injure someone else, and even cause death. City of Tucson v. Rineer, 193 Ariz. 160 (1998). Emergency medical services personnel. The first time you do it, you may think it's a cool thing to do, but once you realize the consequences, you'll never do it again. This charge is usually a Class 1 felony. Have you or a loved one been charged with Aggravated Discharge of a Firearm in Illinois? The action could have resulted in another person's injury or death. Please contact us at 312-560-7100 or email us to learn how we can help. James Dimeas was named a "Top 100 Criminal Defense Trial Lawyer" by the National Trial Lawyers.
Aggravated Discharge Of Firearm
The clock strikes midnight, and you fire your gun in the air. If you are charged with any criminal offense involving the discharge of a firearm, then contact Matt Horak, an experienced criminal defense attorney with offices in Houston and The Woodlands. Does so with the intent to disturb the peace or the quiet of a neighborhood, family, or a person. The charge is a Class 1 Felony and carries a sentence of 4-15 years in prison and a fine of up to $25, 000. Effingham Man Arrested for Aggravated Discharge of a Firearm. The kids wanted to use them outside, as they were riding on their bikes. Since Aggravated Discharge of a Firearm is a Class 1 felony, its sentencing range is 4 to 15 years in the Illinois Department of Corrections. As discussed above, these laws aim to protect public safety. Not only is he a great lawyer, but he is also a great human being.
C. This section does not apply if the firearm is discharged: 1. People who do something like this will end up facing penalties. Emergency medical worker. Factors Resulting in Enhanced Punishment for Aggravated Discharge of a Firearm in Illinois. Even if the driver of the vehicle is not the one that fires the weapon, the driver also may be charged if he was aware of the passenger's actions. If an individual is charged and convicted of reckless or aggravated discharge, there are collateral consequences outside of a prison sentence. If you do not have an attorney, ask for one to represent you. Contact an experienced gun charge lawyer in Chicago today.
Also recall that there are several exceptions under this statute where a person can discharge a firearm and still avoid guilt. Up to one year in the county jail. California's Wobbler Cases and Three Strikes Law. They can hurt or kill innocent people and this should be a concern for everyone.
Firearm Restrictions. Each of them began shooting at different objects. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U. S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. These include: - aggravated assault – ARS 13-1204, - disorderly conduct – ARS 13-2904, and. There are many laws that prevent you from carrying a gun in certain places.