This could result in a dismissal of your case. Since the crime of Aggravated Discharge of a Firearm applies to how a weapon was being used, it can also apply to the use of BB guns, pellet guns, and bows. The people who are victims of drive by shootings are generally not expecting the crime to happen. If the school is within the city or town limits, this innocuous "target practice" can get charged with a Class 6 felony unlawful firearm discharge. 2 Disorderly conduct – ARS 13-2904. In addition, they must carry certain weapons with them on the job. 1 No criminal negligence. Your actions may have severe consequences on you and your family. There are three crimes related to the unlawful discharge of a firearm. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney. States can enact stricter gun restrictions, and they may suspend hunting licenses or concealed carry permits. The determining factors would be based on the details of the case and the defendant's criminal background history. ARS 13-3107 is the Arizona statute that defines the crime of the unlawful discharge of a firearm.
3, negligent discharge of a firearm because there was no potential for injury and/or death of any other person. If you knew the gun was loaded and still intended on shooting it, that would mean you intentionally and willfully discharged a dangerous weapon. Police officers, firefighters, emergency management workers and emergency medical workers must wear uniforms while performing their duties. If a defendant discharged a deadly weapon, then the crime is considered a dangerous offense and is punishable by a prison sentence of between one year, six months and three years. 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. No matter what the criminal offense, all charges are serious. It is essential to know how to protect yourself against the prosecution. He truly believed it was not loaded when he aimed at his fish tank. Guns are not toys; you should never point them at people or allow others to point them at you. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. One of the campsites had left a cooler outside of their RV.
The immigration consequences include deportation if convicted of negligent discharge of a firearm. James G. Dimeas Will Provide Effective and Aggressive Defense for Your Aggravated Discharge of a Firearm Case by One of the Best Gun Lawyers in Chicago. The penalties can be stiff, which means that you should hire a Chicago weapons lawyer to defend your case. For the purposes of this Section: (1) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, excluding black powder weapons, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive. Get started with a free consultation by calling us at (312) 436-0638 or contacting us online. The defendant only used a reasonable amount of force that was necessary to defend themselves or other people from that danger. If you are charged with any criminal offense involving the discharge of a firearm, then contact Matt Horak, an experienced criminal defense attorney with offices in Houston and The Woodlands. 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. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. 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.
Jose did discharge his gun in an area where there were many people. Finding an Experienced Firearm Defense Attorney. A person commits aggravated discharge of a firearm when he or she knowingly or intentionally discharges a firearm at or into a building he or she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building or discharges a firearm in the direction of another person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person. The first time you do it, you may think it's a cool thing to do, but once you realize the consequences, you'll never do it again. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois".
Discharging a pistol in the parking lot of a city's private school. Written by Matt Robinson. It's no surprise negligence with firearms is taken seriously by law enforcement. To understand the boundaries of this offense, the following sections will review the definition of and penalties for aggravated discharge of a firearm in Illinois. If you discharged a weapon and no one was in any danger of getting hurt, you should not be guilty of PC 246.
The defendant in that case was trying to shoot his brother, but actually shot his ex-wife. According to 720 ILCS 5/4-6, to do something recklessly means that you are consciously aware that your actions could create certain circumstances or results, which relate to the specific offense under question. Felony Discharge of a Firearm From a Vehicle. Call O'Meara Law today at 312-909-0706 to find out how we can help.
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