Aggravated Discharge Of A Firearm

Thursday, 11 July 2024

2 Exempt under the law. A sound strategy and an aggressive defense are essential for a positive outcome. The definition of aggravated discharge of a firearm appears in 720 ILCS 5/24-1. Other Violent Crimes Guides. 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. 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.

Aggravated Discharge Of A Firearms

The laws also apply to how the weapon is being used. But other times, they are angry with someone for a legitimate reason. A driver who has knowledge that a passenger in his vehicle plans on committing the discharging of a firearm and consents to it, can be accountable and be convicted just as the individual who actually fires the weapon. Micah L. Ward, 27, Effingham, was taken into custody and booked into the Effingham County Jail on one count of Aggravated Discharge of a Firearm. If you are looking for information about Aggravated Domestic Battery cases, check out our guide to Aggravated Domestic Battery cases in Illinois. Sixth, discharges a firearm in the direction of an emergency management worker or an emergency management worker's car. The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense.

It's no surprise negligence with firearms is taken seriously by law enforcement. For purposes of this section, "criminal negligence" means that a person fails to perceive a substantial and unjustifiable risk that a certain result will occur or that certain circumstances exist. I HIGHLY RECOMMEND JAMES DIMEAS! What Must The Prosecution Do. Thus, if recklessness is an element of the offense, the charging instrument must "allege the circumstances of the act which indicate that the defendant acted in a reckless manner. " You may lose your job, your home, and any money you have saved. You cannot commit an unlawful discharge of a weapon if you fire it accidentally. Emergency situation Medical Workers, consisting of Paramedics and also Ambulance Drivers. Arizona courts have ruled that this law does not violate a person's right to bear arms. Note that if someone shoots a gun in public, and the stray bullet kills someone, a police officer/law enforcement agent can likely charge the shooter with both: - unlawful discharge of a firearm, and. Taking your gun out for shooting practice or hunting can be an enjoyable pastime. Aggravated discharge laws typically apply to pistols, rifles and other guns. As a matter of fact, that affects your aggravated discharge of firearm charge. 15 of the Texas Code of Criminal Procedure further requires that: [T]he … information … allege, with reasonable certainty, the act or acts relied upon to constitute recklessness …, and in no event shall it be sufficient to allege merely that the accused, in committing the offense, acted recklessly….

Unlawful Discharge Of A Firearm

If aggravated discharge of a firearm takes place within 1, 000 feet of school property or school activity: - Class X Felony. But if you were within 1000 feet of a school, or violated subsections (a)(3) through (a)(9), then Aggravated Discharge of a Firearm is a Class X felony. Above all, prosecutors treat gun crimes very seriously. 22(a), participation in a street gang: 16 months, 2 or 3 years in state prison, and/or. A lifeguard overheard the gunshots in the distance and reported it. The elements listed in 720 ILCS 5/24-1. Being safe and responsible with firearms has become more important as gun violence becomes prevalent in mainstream news. Prosecutors typically prove that you intentionally (versus accidentally) fired the weapon from the circumstances surrounding the situation, witness testimony, or even your own statements. If you are looking for information about Criminal Sexual Assault, check out our guide to Criminal Sexual Assault cases in Illinois. Facing more than one criminal allegation could result in increased fines, jail sentences, and/or prison time. By calling 847-807-7405. Contact Our Will County Firearms Charges Attorney. Above all, Aggravated Discharge Chicago Criminal Lawyer Tikhvinskiy warns that the Illinois Legislature believes that any discharge of a firearm in public is a serious safety concern.

Do I need a lawyer if I am charged with Aggravated Discharge of a Firearm? Third, discharges a firearm in the direction of emergency medical services personnel. 1 Aggravated assault – ARS 13-1204. In both scenarios, you have pointed a gun at another person and have fired the weapon. For instance: Micheal was showing off his new handgun to his buddies and wanted to pull the trigger. Drug Possession Cases.

Aggravated Discharge Of A Firearm Sentencing

While Illinois has a law that prohibits an individual from knowingly discharging a firearm in certain prohibited circumstances, Illinois also outlaws the reckless discharge of a firearm. The first consultation is 100% free and confidential. California's Wobbler Cases and Three Strikes Law. Some states have laws that prohibit the illegal use of a weapon. You can also be charged with Aggravated Discharge of a Firearm by simply firing a gun up in the air in an urban area when you know that people are living in the community. The United States government is one of the most powerful governments in the world. Federal firearms law prohibits any convicted felon from possessing a gun. Under Illinois Law 720 Ilcs 5/24-1.

What if I intended to shoot one person, and another person got shot? This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure. The law in Illinois does not require you to run away. Emergency management worker. Everyone ended up getting cuts and scratches from the incident. Their approach to legal problems is head-on, efficient, and with a plan of attack catered to their clients. If you have been arrested for violating local gun laws, you may find yourself facing jail time. A person will be committing aggravated discharge of a firearm when he or she knowingly or intentionally discharges a firearm, - At or into a building. What a great lawyer and an even better guy!

Aggravated Discharge Of Firearm

James Dimeas was named a "Best DUI Attorney", a "Best DUI Lawyer in Schaumburg", and a "Best Criminal Defense Lawyer in Chicago" by Expertise. 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. These laws, often known as unlawful discharge, reckless discharge, or unlawful use of a weapon, differ widely between states and cities. If you get convicted of a gun-related criminal offense, the consequences can be felt long after your release from prison.

It is a fact that violent criminal activity is on the rise nationwide; however, this incident is truly a notable example of members of the Effingham community partnering with police to provide immediate and necessary information to effect an arrest and get a felon with a gun off the street. You should keep guns safely stored away. 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. Felony Discharge of a Firearm From a Vehicle. 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. It is very easy for a person to accidentally shoot a family member, a friend, a neighbor, or even himself. Get started with a free consultation by calling us at (312) 436-0638 or contacting us online. Call O'Meara Law today at 312-909-0706 to find out how we can help. Firing a weapon into a vehicle that could be occupied at the time. I was found not guilty because I was NOT GUILTY. Firearm Restrictions.

Trina left her handgun in her purse. According to 720 ilcs 5/24-1. Often times, the only difference in the charges come down to whether or not someone was shot. James Dimeas was named a "Top 100 Criminal Defense Trial Lawyer" by the National Trial Lawyers. 2, 3, 4, or 5 years in state prison. 2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1, 000 feet of any person commits a felony of the second degree, punishable as provided in s. 082, s. 083, or s. 084. You may find out that this kind of a charge has been filed against you.

For instance:Jan was drinking beer on an empty beach, watching the waves crash and recede. 2 as follows: Read more. James Dimeas is one of the leading criminal defense attorneys in Illinois. The Illinois criminal offense of Reckless Discharge involves firing a gun either irresponsibly or unintentionally in a manner that creates a risk of harm to others. California Penal Code 246, shooting into an inhabited dwelling or at an occupied automobile; You commit this crime when you discharge a firearm into an inhabited home/dwelling, occupied building, and/or occupied motor vehicle. According to Chief McFarland, "This active shooter situation was rapidly mitigated and brought to a positive conclusion because of the actions of an observant citizen who promptly called 9-1-1, and because of the swift response from all local law enforcement agencies working together. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. Therefore, shooting a gun at a party would be considered reckless. Bobby who is 12 years old was riding bikes around the neighborhood with his friends, Julio, and Paulie.

013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775. Even if you shoot a gun in the air, there's still the potential to harm someone or something: What goes up must come down. These may include difficulty obtaining stable and rewarding employment due to the nature of the conviction, inability to pursue higher education, rejection from public assistance such as welfare, and restriction from owning or buying firearms. Aggravated discharge occurs when the firearm is discharged in a way that puts the safety of others in jeopardy. Other lawyers so often talk of how they will "aggressively fight for you. " 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.