He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. What Is the Extended Sentencing Range for an Aggravated Discharge of a Firearm 730 ILCS 5/5-4. These laws, often known as unlawful discharge, reckless discharge, or unlawful use of a weapon, differ widely between states and cities. Our lawyer is here to provide effective counsel and work toward a favorable outcome on your behalf.
The Offense of Aggravated Discharge of a Firearm Explained by Chicago Criminal Defense Attorney Tikhvinskiy. Penalties for Aggravated Discharge of a Firearm. The determining factors would be based on the details of the case and the defendant's criminal background history. She missed her target and ended up hitting a waterline near the ceiling. Although the specific defense will depend on the facts of your case, he may seek to have the gun suppressed because of an unlawful search, expose unreliable eyewitness testimony or obtain the exclusion of incriminating statements resulting from unlawful coercion or violation of Miranda warnings. I highly recommend Jim Dimeas. Aggravated assault is considered a more severe crime than the unlawful discharge of a firearm and can lead to a Class 2 felony charge. I see the group that we don't like, and as you drive by the block, I shoot at that group from the passenger side of your car. This means any subsequent felony conviction would result in the normal sentencing being doubled. This is done through laws and regulations. State v. Rodriguez, 04-07-00436-CR, 2008 WL 506273 (Tex. In Illinois, there are actually 9 different ways to commit the offense of Aggravated Discharge of a Firearm. 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.
Aggravated discharge of a firearm meaning. 15, does not apply to a person: - lawfully defending life or property; or. Illinois has some of the strongest gun laws in the United States. 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. Was the firearm even loaded? 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.
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. Essentially, you do not have to aim at anyone or anything to still be guilty of PC 246. However, each state has laws that limit the use of weapons in order to protect public health and safety. Under 720 ILCS 5/24-1.
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. Surprisingly, you CAN receive probation on an Agg. To face criminal charges, a person doesn't need to be shooting at any particular person or thing (although that would likely lead to much more serious charges). While the formal punishments associated with firing a gun in a manner or under conditions that endanger others are extremely punitive, there are other life-long effects that may accompany such a conviction, such as: Despite the serious nature of the consequences that can flow from unsafe discharge of a firearm, an arrest is not a conviction. 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. This happens because of faulty gun safety practices.
There are many laws that prevent you from carrying a gun in certain places. Penalties for Closely Related Offenses. An example of this type of offense would be discharging a firearm while traveling in a moving vehicle. This means, their punishment would be twice the normal penalties. If the negligent discharge of a firearm was committed in connection to a street gang, you could face sentencing enhancements. You should also know that this is a violent crime that carries a heavy penalty. Under ARS 13-1102, negligent homicide is the crime where someone causes the death of another person by means of a criminally negligent act.
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