Were other people present? At a teacher or school employee while they are on school property. Sometimes I would text him in the evening or the weekend with a question and he would always respond. That includes: - Firing a weapon in someone's direction, even if you never intended to hit them. What are the penalties for the aggravated discharge of a weapon? What level of felony is Aggravated Discharge of a Firearm? 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. 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. Specifically, it is true for Chicago and its suburbs. Feb. 27, 2008) aff'd, 339 S. W. 3d 680 (Tex.
This means any subsequent felony conviction would result in the normal sentencing being doubled. It is important to know the laws of the state where you live so you know what you can and cannot do with a firearm. A reduction from an aggravated discharge of a firearm to a reckless discharge of a firearm is a very good disposition because your sentencing range will be on a class 4 felony instead of a class 1 or X felony. Fines of up to ten thousand dollars.
Facing more than one criminal allegation could result in increased fines, jail sentences, and/or prison time. Essentially, this is the charge that can be applied whenever a weapon is fired in a way that could be unsafe. You can still be guilty of this crime even when no one was hurt, injured, or died as a result of your criminal negligence. Under Illinois law, when you recklessly use your gun, you could be accused of violating statute 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. Your actions may have severe consequences on you and your family. It's important to remember that this charge can apply even if a targeted vehicle or building happens to be empty. If convicted of negligent discharge of a firearm, you face: Misdemeanor; Summary (misdemeanor) probation, Up to one year in county jail, and/or. A person is reckless when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow and that "disregard of the risk" constitutes a gross deviation from the standard of care that a reasonable person would exercise. Under the following set of facts, you may be facing a Class X felony which carries a mandatory prison sentence of 6 to 30 years. Criminal defense lawyers can draw upon a defense strategy to contest charges of unlawful discharge of firearms.
The Offense of Aggravated Discharge of a Firearm Could Be a Class X Felony. If the defendant does not provide a confession to the police, and the shooter's identity is not captured on video, then the "it wasn't me" defense may be a very good defense. Fine up to $25, 000. This is done through laws and regulations. A lot of people believe that a firearm is a tool. A person convicted of a misdemeanor usually faces up to a year in jail, plus payment of fines and restitution. 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. 2012-108; s. 2016-12. Additionally, the law defines "school activity" to include any activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district. The action could have resulted in another person's injury or death.
This is true for everyone, even teachers, school employees, administrators and students. 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. 3 depending on the specific elements of the case. Some errors are fatal to the prosecution of the case if the error impacted your due process rights. In many cases involving drive-by shootings, the number one question is "who did it? " You should know that the crime doesn't only cover shooting directly at people. If prosecutors can prove that you intended to harm the other person, you may face other criminal charges such as Attempted Murder, or Aggravated Battery with a firearm.
It was not loaded, but they knew where the bullets were and loaded it. 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. 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. I was 100% innocent and was at the lowest point in my life. These situations often include firing at or from a vehicle, firing at or near an occupied home, school, or government building, or firing recklessly in a crowded area. If you have been charged with this crime, you need to call an experienced criminal defense attorney who specifically handles these types of cases. Emergency Medical Technician (EMT). Does so by means of certain aggravating factors (for example, assaulting someone with deadly or concealed weapons). In general, you can be charged with Aggravated Discharge of a Firearm if you discharge a firearm in such a way that it puts the safety of others in jeopardy.
22(a), participation in a street gang: 16 months, 2 or 3 years in state prison, and/or. The Offense of Aggravated Discharge of a Firearm Explained by Chicago Criminal Defense Attorney Tikhvinskiy. A discharge of a firearm means to shoot the weapon. Also, other criminal offenses can be filed in addition to PC 246.
The prosecutor needs to prove that you were in possession of a weapon while committing another crime. 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. After an effective date of January 1, 2020, this Act opened a new avenue to sentence credit for eligible inmates. To be guilty of negligent discharge of a firearm, you would have had to fire a weapon that could have resulted in possible great bodily injury or death of another person. Ktenas Law, LLC was founded to assist people with legal problems in Orland Park and the surrounding Chicago areas, and have spent years handling complex legal issues in the court of law.
However, each state has laws that limit the use of weapons in order to protect public health and safety. The statute also creates either a second or third-degree felony if a firearm is discharged from a vehicle depending on the circumstances. It's a good idea to never fire a weapon in a reckless way. Up to ten thousand dollars in fines. In some cases, people may be charged with reckless discharge of a firearm after firing a gun at another person. 708-833-3505 as soon as possible if you are in legal trouble.
Given the extreme danger of these weapons, the state of Illinois specifically prohibits this type of dangerous firearm use. Under Illinois Law 720 Ilcs 5/24-1. 013 or zoned exclusively for residential use. 2 official duties (from Ch. Arizona Revised Statutes 13-3107 Subsection A. A criminal defense attorney can challenge the lawfulness of police conduct. "Under the doctrine of transferred intent, one who does an unlawful act is liable for the natural and probable consequences of such act. " Finding an Experienced Firearm Defense Attorney. 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. Negligent discharge, which is a Class 4 felony, is punishable by one to 3 years jail time, probation, community service, and/or up to $25, 000 in penalties.
So, if you received an imprisonment term of 10 year in the Illinois Department of Corrections, the most you would actually serve is 8. A Class X felony is punishable by six to 30 years in state prison. Note that there are several exceptions under this statute that allow a person to discharge a firearm within city limits without facing criminal charges. It is worth it, and you deserve a good defense. If you have been arrested for violating local gun laws, you may find yourself facing jail time. The risk involved and the reckless disregard for the whole situation must be serious enough for the prosecution to consider it a gross deviation from what a normal person would do. There are other exceptions to the law that can be considered, to consult these complete exceptions, please consult the statute in its entirety here: An example of an action that violates this statute is pulling out a six-shooter and firing indiscriminately up into the sky at the local town's fair. TITLE 14 - Criminal Law. If the school is within the city or town limits, this innocuous "target practice" can get charged with a Class 6 felony unlawful firearm discharge.
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