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Whenever you are arrested because you allegedly discharged a gun in a manner that posed a potential danger to others, you may suffer severe penalties. Police officers, firefighters, emergency management workers and emergency medical workers must wear uniforms while performing their duties. You cannot commit an unlawful discharge of a weapon if you fire it accidentally. The case went to trial and James won my case. Defendants in felony cases are subject to special rules for their criminal sentence. 5 aren't the only type of actions that could result in criminal charges. In some cases involving particularly dangerous or unorderly circumstances, the offense is considered aggravated discharge of a firearm.
Unlawful discharge of weapon laws have exceptions that allow people to legally discharge a weapon in certain situations. 22(a), participation in a street gang: 16 months, 2 or 3 years in state prison, and/or. 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. Matt Horak is available to answer your questions about any discharge of a firearm charge as soon as you call (713) 225-8000 today to schedule a free, confidential consultation. For example, Aggravated Discharge of a Firearm is a probationable class 1 felony in some cases, but Aggravated Battery with a Firearm is always a class X felony.
Above all, Aggravated Discharge Chicago Criminal Lawyer Tikhvinskiy warns that the Illinois Legislature believes that any discharge of a firearm in public is a serious safety concern. He thought the gun was not loaded and aimed it toward his fish tank. Any individual who commits reckless discharge of a firearm could be facing a prison sentence. For purposes of this section, "criminal negligence" means that a person fails to perceive a substantial and unjustifiable risk that a certain result will occur or that certain circumstances exist. Thus, if recklessness is an element of the offense, the charging instrument must "allege the circumstances of the act which indicate that the defendant acted in a reckless manner. " Unlawful discharge laws prohibit firing any weapon in certain areas or under specific circumstances, such as firing at or from a moving vehicle, firing across a public roadway or state highway, or firing into or at an occupied building.
The criminal offense of discharging a firearm in public or on residential property under Texas Penal Code Section 790. If you were charged with a weapons offense in Chicago, you could be looking at severe conviction penalties. But if you were within 1000 feet of a school, or violated subsections (a)(3) through (a)(9), then Aggravated Discharge of a Firearm is a Class X felony. NOTE: The article below includes updated material to explore how Public Act 101-440 impacted truth-in-sentencing laws in Illinois. The statute also creates either a second or third-degree felony if a firearm is discharged from a vehicle depending on the circumstances. Aggravated Discharge of a Firearm can also be plead down to Aggravated Unlawful Use of a Weapon, Intimidation, Unlawful Restraint, Criminal Damage to Property, Aggravated Assault with a Firearm and Possession of a Stolen Motor Vehicle (if dealing with the driver in a drive-by shooting with a stolen car). Tinley Park Weapons Charges Lawyer for Reckless Discharge or Aggravated Discharge of a Firearm. "Municipality" means any city or. His mother, Trina would be held accountable for the injuries and suffering caused by the accidental shooting. The law in Illinois does not require you to run away. I cannot stress how HIGHLY I recommend James Dimeas. As discussed above, these laws aim to protect public safety.
If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. We shouldn't use guns when we are angry at someone. Reckless discharge of a firearm at a parade or demonstration. The tank exploded, sending glass fragments everywhere. I had been accused of doing something, by my then wife, that I did not do. Bobby who is 12 years old was riding bikes around the neighborhood with his friends, Julio, and Paulie. Specifically, your actions are considered unlawful if you put the safety of others at risk.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. Under Illinois law, when you recklessly use your gun, you could be accused of violating statute 720 ILCS 5/24-1. If you have had something like this happen to you, you should talk to an experienced criminal lawyer immediately. 15 prohibits discharging a firearm in public or on residential property under certain circumstances.
It was not loaded, but they knew where the bullets were and loaded it. "Under the doctrine of transferred intent, one who does an unlawful act is liable for the natural and probable consequences of such act. " The same could be said if the possible attackers were people instead of animals. Rape/Sexual Assault Cases. 3) The possession or discharge of a firearm by a person who holds a valid certificate as a living historian in the use, storage, and handling of black powder issued by the Louisiana office of state parks for the purpose of historic reenactments if the firearm is a black powder weapon which is an antique firearm as defined in 18 U. C. 921(a)(16), or an antique device exempted from the term "destructive device" in 18 U. Houston Lawyer for Firearm Discharge Crimes. 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. Criminal Sexual Assault. Armed Habitual Criminal. Discharge of a firearm in an aggravated manner is considered a Class 1 felony and carries a harsher sentence of four to fifteen years of incarceration and a fine of up to $25, 000. Accidental discharges can incur misdemeanor convictions and may include up to a year in jail or fines. All states, as well as cities and municipal governments, have laws or ordinances which prevent people from firing or discharging a weapon under certain circumstances.
This article was enacted to fight drive-by shootings. I highly recommend Jim Dimeas. This law is sometimes referred to as "Shannon's law, " after 14-year-old Shannon Smith was fatally struck with a stray bullet while in the backyard of her Phoenix home. The kids wanted to use them outside, as they were riding on their bikes. A lot of people believe that a firearm is a tool. Teachers or school employees present on school grounds. If you are charged with Reckless Discharge of a Firearm, you can contact. Gilbert can be charged with negligent discharge of a firearm under PC 246. Regardless of whether they are misdemeanor or felony charges, a conviction for either/or will negatively impact someone's immigration status. If you discharged a weapon and no one was in any danger of getting hurt, you should not be guilty of PC 246. The test for if you engaged in reckless behavior is whether or not a reasonable person in the same situation would have done the same. This means any subsequent felony conviction would result in the normal sentencing being doubled. According to 720 ilcs 5/24-1.