Fresh Soap And Water Sign, Chicago Aggravated Discharge Of A Firearm Defense Attorney

July 21, 2024, 10:17 pm
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In the event that the discharge was of an accidental nature, there are a few things to consider, such as the circumstances and degree of negligence by the firearm user. If you have had something like this happen to you, you should talk to an experienced criminal lawyer immediately. You may be guilty of this crime if you intentionally discharge a firearm at another person. Jan successfully shot her old stuffed animals. This is true for everyone, even teachers, school employees, administrators and students. According to the Illinois General Assembly, the reckless discharge of a firearm is defined as "discharging a firearm in a reckless manner which endangers the bodily safety of an individual" (720 ILCS 5/24-1. The defendant only used a reasonable amount of force that was necessary to defend themselves or other people from that danger. No matter the circumstances, finding an experienced criminal defense lawyer to fight negligent discharge of a firearmaccusations is highly-recommended. Discharge of a firearm in an aggravated manner is considered a Class 1 felony and carries a harsher sentence of four to fifteen years of incarceration and a fine of up to $25, 000. Thus, it is very hard to convince a prosecutor to dismiss or to reduce those charges. Aggravated Discharge of a Firearm applies to the use of pistols, rifles, and handguns. Many cities and municipalities have adopted unlawful discharge ordinances that prohibit the firing of a weapon inside a specified geographic area, such as within a city's boundaries—even if it's your private property. What Is the Extended Sentencing Range for an Aggravated Discharge of a Firearm 730 ILCS 5/5-4. If a person discharges a firearm at a building or in the direction of a vehicle when they know the building or vehicle is occupied: - Class 1 Felony.

Aggravated Discharge Of Firearm

Misdemeanor offenses are less serious than felony offenses, though both can result in significant criminal penalties. The criminal offense of recklessly discharging a firearm inside the corporate limits of a municipality having a population of 100, 000 or more is a misdemeanor offense. However, BB guns, pellet guns, and bows may be included as well. As a matter of fact, that affects your aggravated discharge of firearm charge. A violation of this law is a Class 6 felony that is punishable by up to three years in state prison. Chicago criminal defense lawyer Dan Hinich can a help you fight your case if you have been accused of aggravated or careless discharge of a weapon. Gilbert and Shawn were celebrating the 4th of July around a firepit in their backyard. Community volunteer with the police. A peace officer discharging their firearm in the line of duty is exempt from these penalties.

22(b), street gang enhancement laws; This law is enforced when someone commits the crime of either (a), participating in a street gang and assisting in felonious conduct by the gang members; OR (b), committing a felony for the benefit of the gang. Being safe and responsible with firearms has become more important as gun violence becomes prevalent in mainstream news. The penalties that you will receive will depend on the crime committed. The definition of aggravated discharge of a firearm appears in 720 ILCS 5/24-1. It would be considered gross negligence and what a reasonable person their age would not have done under the same circumstances. It's important to remember that this charge can apply even if a targeted vehicle or building happens to be empty. If the convicted individual is an immigrant, this could lead to possible deportation.

Aggravated Discharge Of A Firearm In Illinois

Effingham Police Chief Jason McFarland advised the situation appears targeted and isolated, and no further risk associated to the public is expected from this incident. They acted indifferent to any consequences. Taking your gun out for shooting practice or hunting can be an enjoyable pastime. 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. I cannot stress how HIGHLY I recommend James Dimeas. This could result in a dismissal of your case. 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. As discussed above, these laws aim to protect public safety. Time to be Served: 85% of the sentence imposed. Aggravated Discharge of a Firearm is often charged with either Attempt Murder or Aggravated Battery with a firearm. 16 months, 2 or 3 years in county jail, and/or. If convicted of negligent discharge of a firearm as a felony, you cannot legally possess, acquire, or receive a firearm. Can I get Supervision on an Aggravated Discharge of a Firearm Charge? When Meg attempted to shoot the rifle, the force was too much for her to handle.

Effective Legal Defense. The test for if you engaged in reckless behavior is whether or not a reasonable person in the same situation would have done the same. When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. 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. " A local criminal lawyer who has experience with local prosecutors, police, and judges will be able to give you advice and protect your rights at all stages of the criminal justice process. They found their dad's rifle and decided to use it to shoot their old toys. 5), and this is classified as a Class 4 felony. Any reasonable person would not have acted in such a way considering the high risk. 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.

Aggravated Discharge Of A Firearm

708-833-3505 as soon as possible if you are in legal trouble. Facing more than one criminal allegation could result in increased fines, jail sentences, and/or prison time. When there is evidence that you had the intent to harm the other person, you may face other criminal charges as well. On top of jail or prison time, a conviction can result in firearm restrictions. For instance, firing a weapon into the air for celebratory reasons would most likely amount to recklessness. A lot of people believe that a firearm is a tool. Any individual who commits reckless discharge of a firearm could be facing a prison sentence. If you were charged with a weapons offense in Chicago, you could be looking at severe conviction penalties. 2) The possession of a firearm occurring within one thousand feet of a public gathering entirely within a private residence or in accordance with a concealed handgun permit issued pursuant to R. S. 40:1379. Many states have adopted some of the federal laws. All states, as well as cities and municipal governments, have laws or ordinances which prevent people from firing or discharging a weapon under certain circumstances. If you were the initial aggressor, the law does not allow the victim's family or friends to come back at you and get revenge. "Municipality" means any city or. Reckless discharge of a firearm at a parade or demonstration.

At least not without consequences. These laws are very common in densely populated areas. For instance, say you are at a New Year's Eve party with a group of friends. Emergency medical worker. Here are the elements to a proper self-defense claim: (1) unlawful force threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of the force applied, and (6) the beliefs of the person threatened were objectively reasonable. Surprisingly, you CAN receive probation on an Agg. Discharging a tool towards or right into a structure or car where the following people are or can reasonably be present and also working is a Class X felony also: - Peace Officer. Lastly, discharge of a firearm in a reckless or aggravated manner within 1, 000 feet of school grounds or around a particular demographic of people is classified as a Class X felony, up to fifty years in prison with a mandatory 10-year sentence, and a $25, 000 fine. What a great lawyer and an even better guy!

Unlawful Discharge Of A Firearm

Therefore, you need an experienced Chicago Criminal Defense Attorney Tikhvinskiy to fight reckless discharge of a firearm charges. 5, if the offense is committed by the passenger of a vehicle you were driving, and you knew they were going to shoot the gun, you would be held accountable for their actions. He was able to take the gun out of her purse and play with it. Class 1 felonies are punishable by 4 to 15 years jail time, probation, social work, and/or around $25, 000 in fines. Criminal negligence is considered by the law to be an act where the individual disregards the substantial and unjustifiable risks involved from the discharge. Even if no one was hurt, the possibilityof suffering is enough to be charged. 3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 084. A prosecutor is required to be able to prove beyond a reasonable doubt that an individual facing these charges fired a weapon with no disregard for the bodily safety and well-being of the people around them. I made a really stupid mistake at the worst time.

The clock strikes midnight, and you fire your gun in the air. In most cases, a violation of the first two items in the list above — discharging a firearm at a person or an occupied building or vehicle — constitutes a Class 1 felony. With gross negligence, - Also referred to as criminal negligence, this behavior goes beyond just simple negligent behavior. I was found not guilty because I was NOT GUILTY.

Discharging a firearm within city or town limits just for its fun can have consequences for the person doing the shooting. 1 No criminal negligence. While the right to keep and bear arms is constitutionally protected, states have long restricted how and when people can use firearms. Get started with a free consultation by calling us at (312) 436-0638 or contacting us online. The laws also apply to how the weapon is being used. Our attorneys can help you and they provide both free consultations and legal advice you can trust. Discharged from a place or position outside that building or. Her negligent decision placed him, herself, and anyone else around them in danger of getting injured or possibly killed. This means, their punishment would be twice the normal penalties.

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