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Bobby who is 12 years old was riding bikes around the neighborhood with his friends, Julio, and Paulie. Here are just a few examples of legal defenses that have been used to successfully fight charges for negligent discharge of a firearm. The aggravating factors that make an Aggravated Discharge of a Firearm case a Class X felony are as follows: -If the victim is a teacher. On a properly supervised range. As outlined in 720 ILCS 5/24-1. This stain on your criminal record will have long-term, negative effects on your future, in some cases, possibly impacting your gun rights. Correctional institution employee.
Aggravated Discharge Of A Firearm
The law is complex, but here is a comprehensive guide about violations of the Illinois' Aggravated Discharge of a Firearm Statute (720 ILCS 5/24-1. The crime is considered aggravated discharge if the firearm is fired in the direction of an individual, a group of people, or into a building/vehicle if the person using the weapon knows that there could be people that could be harmed. In some cases, people may be charged with reckless discharge of a firearm after firing a gun at another person. James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. Reckless discharge of a firearm refers to the act of unintentionally or irresponsibly shooting a weapon in such a manner that it risks an additional person or group of individuals. I fired him and found out that he had given up his law license around the time I hired him.
Aggravated Assault Discharge Firearm
They are doing nothing more than basically quoting from the American Bar Association's Rules of Professional Conduct about the principle of a "lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law. " Any individual who commits reckless discharge of a firearm could be facing a prison sentence. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service. We offer a confidential consultation that is free of charge. Depending on the circumstances, this offense could be charged as a Class 1 or Class X felony. I offer this Illinois Aggravated Discharge of a Firearm guide as free legal education.
Aggravated Discharge Of A Firearm Illinois
The crime is punishable by a prison sentence of between four months and two years. James Dimeas was named a "Best DUI Attorney", a "Best DUI Lawyer in Schaumburg", and a "Best Criminal Defense Lawyer in Chicago" by Expertise. After securing the scene, officers interviewed multiple witnesses, reviewed video footage, and were able to identify a suspect who was later located in the 1200 block of Wenthe Drive. No matter what the criminal offense, all charges are serious. If you're accused of discharging a weapon within 1, 000 feet of a school, park, school bus or during a school function, the charge is elevated to a Class X felony. Use of a Silencer: If you use a silencer when firing a machine gun or firearm, you will also be charged with aggravated discharge. However, if you are charged with the Class X felony of Aggravated Discharge of a Firearm, then you are not eligible for probation. Especially with offenses like this one that involves a mandatory jail sentence. 15, does not apply to a person: - lawfully defending life or property; or. It attracted a couple of bears, which were roaming the area for more food. Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois". If the victim is a Paramedic or EMT. Aggravated discharge of a firearm is not a joke, it is considered to be a very serious crime. The defendant in that case was trying to shoot his brother, but actually shot his ex-wife.
Aggravated Discharge Of A Firearm Sentencing
You should also know that this is a violent crime that carries a heavy penalty. The kids wanted to use them outside, as they were riding on their bikes. 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. Such laws prohibit the illegal discharge of a weapon, but they may also prohibit such conduct as brandishing a firearm in an angry or threatening manner or handling or firing a weapon while intoxicated or under the influence of drugs. 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. He has handled a broad range of firearms cases and understands the potential prosecution strategies when states attorneys pursue charges based on the alleged discharge of a firearm. He did so without regard for their safety and could have caused someone serious injury or death. A lifeguard overheard the gunshots in the distance and reported it. 2) "Parade" for the purposes of this Section shall be defined as any celebration of Mardi Gras or directly related pre-Lenten or carnival-related festivities, school parades, parish parades, state parades, or municipal parades, or any demonstration or gathering for which a permit is issued by a governmental entity. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. The Mandatory Supervised Release period is 2 years for someone sentenced to the Illinois Department of Corrections on a class 1 felony of Aggravated Discharge of a Firearm. If you are convicted of aggravated discharge of a firearm, you will be sentenced to at least four years in prison. The following situations illustrate who can be charged with PC 246.
If you find yourself in legal trouble, call Ktenas Law directly at 312-756-8652 to speak directly to an experienced gun charge attorney today. It's enough for the charges to stick if someone might have been inside the car or building or the alleged shooter should have reasonably known that they could have been there. If you are looking for information about Criminal Sexual Assault, check out our guide to Criminal Sexual Assault cases in Illinois. If you are looking for information about Unlawful Use of a Weapon or Aggravated Unlawful Use of a Weapon, check out our guide to Unlawful Use of a Weapon cases in Illinois. Thus, it is very hard to convince a prosecutor to dismiss or to reduce those charges. If you found this article helpful, then consider giving us a review on Google! In this article, our Phoenix Arizona criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes. A peace officer discharging their firearm in the line of duty is exempt from these penalties. 730 ILCS 5/3-6-3(a)(2)(iv). 1 Aggravated assault – ARS 13-1204. Discharge, also fit in the charge of Agg. Unlawful discharge of weapon crimes can be either misdemeanor or felony offenses depending on the state law, the circumstances of the case, and the risk of harm. The determining factors would be based on the details of the case and the defendant's criminal background history. Acting with gross negligence takes place when you act so recklessly, you create a high risk of great bodily injury or death, and.
If you have had something like this happen to you, you should talk to an experienced criminal lawyer immediately. See People v. Hughes, 46 490 (1st Dist. Court supervision is not a possible outcome in felony cases. That carries a minimum sentence of 10 years — and can net you up to 45.
He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. 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. Her friend recommended him to her. Horak Law has offices in Harris County and Montgomery County, Texas.