Aggravated Discharge Of A Firearm Illinois – Lyrics Welcome Into This Place

Wednesday, 31 July 2024

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. 730 ILCS 5/5-6-1(c). These laws focus on risk to public safety. If you have been charged with an aggravated discharge crime, then you should contact an experienced criminal defense attorney as soon as possible. 2 official duties (from Ch. Sixth, discharges a firearm in the direction of an emergency management worker or an emergency management worker's car. E. The provisions of this Section shall not apply to the discharge of any firearm which has been authorized as part of the parade itself. Consider the Law Offices of Anna R. Yum which offers award-winning, professional legal counsel. Defenses to Discharging a Firearm. You should know the laws in your state before you commit a crime like this. The determining factors would be based on the details of the case and the defendant's criminal background history. After an effective date of January 1, 2020, this Act opened a new avenue to sentence credit for eligible inmates. ARS 13-3107 is the Arizona statute that defines the crime of the unlawful discharge of a firearm. That's why it's important to get in touch with a lawyer as soon as possible.

Aggravated Discharge Of A Firearm

Can the State charge me with Agg. 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. You should keep guns safely stored away. Aggravated Discharge of a Firearm Charges in Illinois January 9, 2016 by Attorney Eric D. Puryear The crime of Aggravated Discharge of a Firearm in Illinois is defined by 720 ILCS 5/24-1. 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. Feb. 27, 2008) aff'd, 339 S. W. 3d 680 (Tex.

For instance, if someone discharged a firearm towards an ordinary vehicle containing an off-duty officer, the State would not be able to prove paragraph that the person knew that they were firing in the direction of a peace officer, but it may succeed in proving that the person fired in the direction of a vehicle. The law protects you against harm when you are firing a gun and accidentally hits someone. He thought the gun was not loaded and aimed it toward his fish tank. According to 720 ilcs 5/24-1. D. Whoever commits the crime of reckless or negligent discharge of a firearm at a parade or demonstration shall be sentenced to imprisonment at hard labor for not less than five nor more than fifteen years, at least three years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence and shall be fined not more than five thousand dollars. Reckless discharge of a firearm at a parade or demonstration. However, you may be found guilty of aggravated discharge of a firearm. James Dimeas has been fighting gun cases throughout the State of Illinois for over 29 years. The criminal offense of discharging a firearm in public or on residential property under Texas Penal Code Section 790.

Unlawful Discharge Of A Firearm

Weapons offenses are complex and often require extensive legal research and preparation. He is an honest and straightforward lawyer that will look out for your best interests. Misdemeanor offenses are less serious than felony offenses, though both can result in significant criminal penalties. If you would like more information on the offenses reviewed above or would like a free no-obligation legal consultation, call our offices at 619-233-4433 or use our online correspondence form. Arizona courts have ruled that this law does not violate a person's right to bear arms. What Are the Elements of Aggravated Discharge of a Firearm.

That includes: - Firing a weapon in someone's direction, even if you never intended to hit them. Additionally, the Illinois Legislature enacted 720 ILCS 5/24-1. Both girls could be charged with negligent discharge of a firearm. 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. It doesn't matter who we are, whether we are a teacher, a student or a school administrator. Community volunteer with the police. Aggravated Discharge of a Firearm is a Class 1 felony which carries a possible prison sentence of 4 to 15 years. 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. The law in Arizona considers this type of reckless discharge of a firearm as being of a "criminal negligence" nature and can result in a felony charge with up to three years in prison. Not only is he a great lawyer, but he is also a great human being. Drug Induced Homicide. Were other people present?

Aggravated Discharge Of A Firearm Sentencing

One very serious weapon crime in Illinois is the aggravated discharge of a firearm. Although no one was hurt, the potential danger they placed each other in or neighbors in the surrounding area was too high a risk to take. Other examples might include shooting across a vacant lot or toward an abandoned barn. 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. Fines could exceed $50, 000. In the direction of a vehicle. 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. If you have been arrested for violating local gun laws, you may find yourself facing jail time. When Is Aggravated Discharge of a Firearm Non-probationable? That's because the facts that lead to being charged with Agg. 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. Their approach to legal problems is head-on, efficient, and with a plan of attack catered to their clients. Call Aggravated Discharge Chicago Criminal Lawyer Tikhvinskiy to Fight Your Aggravated Discharge of a Firearm Case.

Aggravated discharge is an infraction that describes the unlawful and harmful firing of a weapon. Under this law, a felony conviction could lead to a strike on one's criminal record. James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. 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 elements listed in 720 ILCS 5/24-1. 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. You can be charged with Aggravated Discharge of a Firearm even though no one was shot.

He would not be guilty of PC 246. At any of the following people engaged in their official duties, to prevent them from carrying out their official duties, or while they are in a vehicle: - Peace officer. Jan, who is 13 years old, was playing with her younger sister, Meg, in the basement. You should also know that this is a violent crime that carries a heavy penalty.

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