Aggravated Discharge Of A Firearm

Aggravated Discharge of a Firearm is often charged with either Attempt Murder or Aggravated Battery with a firearm. James Dimeas has been trained to understand the proper legal steps for the police to make a gun case stick and to break down the actions of the police officers to prove that the proper and legal steps were not taken to win your case and have the gun charges and Aggravated Discharge of a Firearm charges dismissed. For instance, firing a weapon into the air for celebratory reasons would most likely amount to recklessness. Some states have laws that prohibit the illegal use of a weapon. A conviction carries with it up to 3 years in prison. It's no surprise negligence with firearms is taken seriously by law enforcement. Hope you find our information useful about the aggravated discharge of a firearm in this article. 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. Essentially, you do not have to aim at anyone or anything to still be guilty of PC 246.

1. Unlawful discharge of a firearm
2. Aggravated discharge of a firearm in illinois
3. Aggravated discharge of a firearm sentencing

Unlawful Discharge Of A Firearm

A friend referred me to James Dimeas. An effective gun crimes defense attorney will be familiar with the common defenses that have been used against charges for PC 246. This crime is classified as a Class 1 felony, punishment for convicted one can be up to 15 years in prison. The crime of aggravated discharge of a firearm is one of the most serious crimes that can be committed. 2(b), it is a Class X Felony to do that. Recall that people are only guilty under this law if they shot a firearm and did so with criminal negligence. 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. Police officers, firefighters, emergency management workers and emergency medical workers must wear uniforms while performing their duties. Reckless discharge of a weapon in Illinois is a criminal offense that is regarded as a felony, and anyone facing this type of charge should seek legal advice immediately.

Penalties for Aggravated Discharge of a Firearm. If an individual is charged and convicted of reckless or aggravated discharge, there are collateral consequences outside of a prison sentence. The defendant willfully and intentionally shot a BB gun or a firearm, - They purposely discharged a loaded weapon. Reckless discharge laws primarily target celebratory shooting or firing, such as shooting a pistol into the air to celebrate an event or holiday. The minimum charge is a Class 1 Felony while the most stringent charge is a Class X Felony, as shown below. In the direction of a vehicle – Again, the prosecutor will need to demonstrate beyond any reasonable doubt that you knew, or should have known, that the vehicle was occupied. We offer a confidential consultation that is free of charge. At O'Meara Law, we are dedicated to providing your case with a thorough and effective defense. You can still be guilty of this crime even when no one was hurt, injured, or died as a result of your criminal negligence. This type of gun offense is regarded as a felony, so you should seek immediate legal advice to mitigate the punishment that accompanies this type of serious gun crime. 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. How is that possible? As a matter of fact, that affects your aggravated discharge of firearm charge.

Aggravated Discharge Of A Firearm In Illinois

States can enact stricter gun restrictions, and they may suspend hunting licenses or concealed carry permits. Their approach to legal problems is head-on, efficient, and with a plan of attack catered to their clients. While grocery shopping, she sat her purse beside her 3-year-old son in the shopping cart. Other lawyers so often talk of how they will "aggressively fight for you. " 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. Supervision Possible? He did so without regard for their safety and could have caused someone serious injury or death. Hire Illinois Aggravated Discharge of a Firearm Criminal Defense Lawyer Clyde Guilamo. 6 to 30 years in state prison.

These include: - aggravated assault – ARS 13-1204, - disorderly conduct – ARS 13-2904, and. A violation of those offenses is a Class 1 Felony punishable by 4 to 15 years in the State penitentiary and a fine up to $25, 000. 2, the penalties for aggravated discharge of a firearm change based on the circumstances of the offense. You may lose your job, your home, and any money you have saved. Drug Delivery Cases. Firing a weapon in the direction of a person or group of individuals from beyond a building or automobile right into the building or car with the knowledge that there are or might reasonably be people present inside, is a Class 1 felony. He will go above and beyond what he needs to do to help you out. Criminal Sexual Assault. You can be charged with Aggravated Discharge of a Firearm even though no one was shot. 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. Doesn't that mean it's not reckless since the test is whether or not someone else would carry out the same actions in a similar situation? 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. Reckless discharge of a firearm is a serious offense that can lead to severe penalties, including jail time. C. The provisions of this Section shall not apply to: (1) A federal, state, or local law enforcement officer in the performance of his official duties.

Aggravated Discharge Of A Firearm Sentencing

Law enforcement and district attorneys are very aggressive when investigating and prosecuting firearms offenses. Are you located in the greater San Diego area, Orange County, or Los Angeles and are facing charges for PC 246. If the prosecutor attempts to convict you of aggravated discharge of a firearm, you will face exposure to a Class 1 Felony conviction, which is punishable by a 4 to 15 year term in the Illinois Department of Corrections (prison). When a firearm is discharged, there is always a chance of an "ilcs" – aggravated discharge – occurring.

A. Reckless discharge of a firearm at a parade or demonstration is the reckless or criminally negligent discharge of a firearm within one thousand feet of any parade, demonstration, or gathering for which a permit is issued by a governmental entity. Community police volunteer. Fines could exceed $50, 000. Given the extreme danger of these weapons, the state of Illinois specifically prohibits this type of dangerous firearm use. If the gun is discharged within a thousand feet of a park, school, bus or school-related or sponsored activity, the crime becomes a Class X Felony.

22(b), committing a felony to benefit a street gang; An additional and consecutive sentence of. Horak Law has offices in Harris County and Montgomery County, Texas. If there were some issues with the recovery of evidence in your case, a motion to suppress might be the solution. That's why it's important to get in touch with a lawyer as soon as possible. If a person discharges a firearm at a building or in the direction of a vehicle when they know the building or vehicle is occupied: - Class 1 Felony. The first consultation is 100% free and confidential. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois". It's a good idea to never fire a weapon in a reckless way. Guns are not toys; you should never point them at people or allow others to point them at you. Prosecutors typically prove that you intentionally (versus accidentally) fired the weapon from the circumstances surrounding the situation, witness testimony, or even your own statements. Any reasonable person would not have acted in such a way considering the high risk. However, if you use it in certain places and without regard for the safety of others, you could be charged with reckless discharge of a firearm or aggravated reckless discharge of a firearm charges. Houston Lawyer for Firearm Discharge Crimes.

Being arrested was terrifying. Compared to misdemeanor sentencing, […]. California Penal Code 417, brandishing a weapon; It is unlawful to draw or exhibit a firearm in a rude, angry, or threatening manner or to brandish this weapon during a fight or altercation.

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