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Sanctions Policy - Our House Rules: Aggravated Discharge Of A Firearm

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This crime can lead to serious consequences, including jail time and a criminal record. He was straightforward and honest with me and charged me a very reasonable and affordable fee. 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. Specifically, it is true for Chicago and its suburbs. You cannot commit an unlawful discharge of a weapon if you fire it accidentally. In order to be convicted of Aggravated Discharge of a Firearm for shooting at a car, prosecutors will have to prove, beyond a reasonable doubt, that you knew, or should have known, that the car was occupied. 2012-108; s. 2016-12. Up to one year in the county jail. Under Illinois' extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. The Second Amendment gives people on American soil the right to bear arms. If you want to protect your legal rights and your future, call us today at 312-909-0706. The prosecutor must prove every element of the charges against you beyond a reasonable doubt. 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.

Aggravated Discharge Of Firearm

The relevant Illinois statute may be seen at Definition and Penalties: This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of fines and/or foregone income. A criminal attorney can help you by helping you to defend yourself against charges. You can reach The Prior Law Firm by phone at (309) 827-4300, email at or by completing an online form. Gilbert and Shawn were celebrating the 4th of July around a firepit in their backyard. Aggravated discharge of a firearm and reckless discharge of a firearm. Such laws prohibit the illegal discharge of a weapon, but they may also prohibit such conduct as brandishing a firearm in an angry or threatening manner or handling or firing a weapon while intoxicated or under the influence of drugs. ARS 13-3107 Unlawful Discharge of a Firearm considers this reckless and criminally negligent discharge of a firearm serious enough to classify it as a Class 6 Felony instead of just a misdemeanor. Often times, the only difference in the charges come down to whether or not someone was shot. 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. As the fireworks were heard in the distance and neighbors could be heard shouting their excitement, Gilbert pulled out his handgun and shot a couple of bullets into the air. A criminal defense attorney can challenge the lawfulness of police conduct. That's why it's important to get in touch with a lawyer as soon as possible.

Aggravated Discharge Of A Firearm Sentencing

In Illinois, there are actually 9 different ways to commit the offense of Aggravated Discharge of a Firearm. Emergency management worker. I wish I would have hired him from day one. It's also important to understand that if you get convicted for this offense, you can get up to a 15 year sentence.

Unlawful Discharge Of A Firearm

According to Statute 720 ILCS 5/24-1. Yes, for Class 1 Felonies. If the victim is a fire fighter. At O'Meara Law, we are dedicated to providing your case with a thorough and effective defense. Since Aggravated Discharge of a Firearm is a Class 1 felony, its sentencing range is 4 to 15 years in the Illinois Department of Corrections. However, there are situations where these penalties are increased based on certain aggravating facts. 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. A violation of these laws is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years. Aggravated discharge of a firearm state when a person knowingly or unknowingly fires the weapon at any person, at or into any building. 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. Third, discharges a firearm in the direction of emergency medical services personnel. Community volunteer with the police. C) To a person who accidentally discharges a firearm.

Aggravated Discharge Of A Firearms

Under the statute with certain exceptions, it is illegal for any person to either: - knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises; or. It is sometimes called Agg. James Dimeas has perfected the proper court procedures to win gun cases and to challenge every aspect of a UUW and Aggravated Discharge of a Firearm case. This means, their punishment would be twice the normal penalties. It attracted a couple of bears, which were roaming the area for more food. In both scenarios, you have pointed a gun at another person and have fired the weapon. 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. Federal firearms law prohibits any convicted felon from possessing a gun.

Aggravated Assault Discharge Firearm

At another person or at a car you know is occupied. The federal laws are very strict. 2, aggravated discharge of a firearm occurs when you knowingly or intentionally shoot a gun: - Into a building that you know is occupied. Aggravated Discharge of a Firearm is often charged with either Attempt Murder or Aggravated Battery with a firearm. 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. 2 Disorderly conduct – ARS 13-2904.

Aggravated Discharge Of A Firearm Illinois

Aggravated Unlawful Use of A Weapon. It is the same offense if you shoot at a car or building that you know is occupied by people. If the gun was discharged within 1000 feet of a park, school, bus, or school sponsored event. Under 720 ILCS 5/24-1. A friend referred me to James Dimeas. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. You should make sure you know what you can and cannot do. James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. This happens because of faulty gun safety practices. The Illinois gun offense of aggravated discharge is a weapons charge that applies when a firearm is discharged in a manner and under specific circumstances that make the act extremely unsafe.

That's because the facts that lead to being charged with Agg. Defendants in felony cases are subject to special rules for their criminal sentence. 2 official duties (from Ch. Reckless discharge of a firearm at a parade or demonstration. The charge is a Class 1 Felony and carries a sentence of 4-15 years in prison and a fine of up to $25, 000. If you are charged with Reckless Discharge of a Firearm, you can contact. 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. The action could have resulted in another person's injury or death.

For instance, firing a weapon into the air for celebratory reasons would most likely amount to recklessness.

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