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But other people are doing it. You can speak to James Dimeas personally. If convicted, you face the possibility of a 15-year prison sentence and a $25, 000 fine. The risk must be of such nature and degree that the failure to perceive it marks a gross deviation from the standard of care that a reasonable person would observe in the. Since the crime of Aggravated Discharge of a Firearm applies to how a weapon was being used, it can also apply to the use of BB guns, pellet guns, and bows. If the crime has taken place within one thousand feet of a school, or where there is a gathering of certain demographics, the individual responsible is more often charged with higher severity. Knowing this, it's important to mention, in negligent discharge cases where the weapon used was a BB device, it will most often end in a misdemeanor charge. It was not loaded, but they knew where the bullets were and loaded it. This is done through laws and regulations. Additionally, any kind of hand-gun or machine gun which is discharged with a silencer is a count of aggravated discharge. A lifeguard overheard the gunshots in the distance and reported it. The Illinois Aggravated Discharge of a Firearm statute applies to three (3) general uses of a firearm: -Firing a Gun at a Person: Under very limited exceptions, it is illegal to fire a gun at another person, regardless of your intent. A conviction under these circumstances could lead to an additional 2 to 5-years in prison. Illinois forbids the open carrying of a firearm, requires a state permit in order to purchase a firearm, and background checks before an individual is able to legally obtain a firearm.
Aggravated Discharge Of A Firearms
This law is sometimes referred to as "Shannon's law, " after 14-year-old Shannon Smith was fatally struck with a stray bullet while in the backyard of her Phoenix home. 22(a), participation in a street gang: 16 months, 2 or 3 years in state prison, and/or. 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. Employee of a Correctional Institution. CALL FIREARM AGGRAVATED DISCHARGE CHICAGO CRIMINAL LAWYER TIKHVINSKIY. 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.
Aggravated Discharge Of A Firearm In Illinois
3, negligent discharge of a firearm because there was no potential for injury and/or death of any other person. Even if no one was hurt, the possibilityof suffering is enough to be charged. As a matter of fact, that affects your aggravated discharge of firearm charge. Discharges a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties. At another person or at a car you know is occupied.
Aggravated Discharge Of A Firearm Sentencing
Maybe, for example, a person had a handgun that he/she thought was unloaded and fired it on complete accident. With respect to vehicles containing the individuals listed above, those individuals must be performing their official duties. A firearm is defined as a device designed to shoot and project a projectile by the force of gunpowder. Vehicle occupied by an emergency management worker engaged in the performance of their official duties. 730 ILCS 5/5-6-1(c). James Dimeas is one of the leading criminal defense attorneys in Illinois. Because you could have accidentally shot the gun at another party-goer or the bullet could fall back and hurt someone, you may be charged with reckless discharge of a firearm.
Depending on the severity of weapon charges, the punishment for aggravated or reckless discharge of a firearm could range from a criminal record to imprisonment. Depending on the circumstances, this offense could be charged as a Class 1 or Class X felony. 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. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. I highly recommend Jim Dimeas. This is because a reasonably prudent person would expect that a bullet fired into the air would fall back down and possibly injure an individual and, as a result, would refrain from such action. If convicted you could be looking at a prison sentence of up to 45 years.
Everyone ended up getting cuts and scratches from the incident. One of the campsites had left a cooler outside of their RV. Discharge, also fit in the charge of Agg. Firing a weapon into a vehicle that could be occupied at the time. Being arrested was terrifying. Discharging a weapon for self-protection or to defend others against another person would be an applicable legal defense. Shooting the weapon might have resulted in the injury or death of another person.