Reckless discharge laws primarily target celebratory shooting or firing, such as shooting a pistol into the air to celebrate an event or holiday. 22(b), street gang enhancement laws; This law is enforced when someone commits the crime of either (a), participating in a street gang and assisting in felonious conduct by the gang members; OR (b), committing a felony for the benefit of the gang. 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). According to Statute 720 ILCS 5/24-1. 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. I wish I would have hired him from day one. 2 official duties (from Ch. Thought he was my friend. Aggravated battery, however, requires someone to have been shot (that's the battery part of aggravated battery). These include: - aggravated assault – ARS 13-1204, - disorderly conduct – ARS 13-2904, and. 2 defines aggravated discharge as firing a gun in the following ways: - In the direction of a person – Regardless of your intent, it is illegal to shoot a gun at another person. As a matter of fact, that affects your aggravated discharge of firearm charge. What Must The Prosecution Do. 3 depending on the specific elements of the case.
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. The elements listed in 720 ILCS 5/24-1. These circumstances make it very difficult to do a positive identification of the shooter. Law enforcement and district attorneys are very aggressive when investigating and prosecuting firearms offenses. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. Rape/Sexual Assault Cases.
If you fire your gun in certain areas or at specific people, you could violate the law. How does California define the negligent discharge of a firearm? You can still be guilty of this crime even when no one was hurt, injured, or died as a result of your criminal negligence. Community volunteer with the police. Even if you shoot a gun in the air, there's still the potential to harm someone or something: What goes up must come down. In Illinois, there are actually 9 different ways to commit the offense of Aggravated Discharge of a Firearm. 3 Negligent homicide – ARS 13-1102. A defense, then, is for an accused to show that he/she did not act in this manner. Individuals who are interested in owning a firearm are required to undergo extensive background checks before being permitted to own a firearm.
At least not without consequences. While Illinois has a law that prohibits an individual from knowingly discharging a firearm in certain prohibited circumstances, Illinois also outlaws the reckless discharge of a firearm. You may find out that this kind of a charge has been filed against you. Illinois has some of the strongest gun laws in the United States. The law is complex, but here is a comprehensive guide about violations of the Illinois' Aggravated Discharge of a Firearm Statute (720 ILCS 5/24-1. You could also face a Class X felony if you are convicted of discharging the gun in the direction of (or a vehicle occupied by) any of the following classes are people while they are in the lawful exercise of their duties: - Law enforcement officer. 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. This is why many states have passed stricter laws.
Finding an Experienced Firearm Defense Attorney. Can the State charge me with Agg. You can also be charged with Aggravated Discharge of a Firearm by simply firing a gun up in the air in an urban area when you know that people are living in the community. In this article, our Phoenix Arizona criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes.
Firing into a Vehicle or Structure: If you fire your gun into a vehicle or structure from outside, you may be arrested for aggravated discharge of a firearm in Chicago or elsewhere in Cook County. Firing at a Car: It is illegal to fire a gun at a vehicle. If you need legal help with criminal defense, contact us today for a free consultation. 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. However, if you are charged with the Class X felony of Aggravated Discharge of a Firearm, then you are not eligible for probation. A reckless discharge of a firearm can lead to felony charges. Closely Related Offenses.
Other examples might include shooting across a vacant lot or toward an abandoned barn. A gun can destroy everything and leave nothing in its place. At approximately 8:04 P. M. on November 12, 2021, an observant citizen reported possible gunfire at Motel 6, 1412 W. Fayette Avenue. 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. The defendant willfully and intentionally shot a BB gun or a firearm, - They purposely discharged a loaded weapon. It states it is a crime for a person to willfully discharge a firearm in a grossly negligent manner andshooting it could have resulted in great bodily injury or the death of another individual. This means it's up to the prosecutor on whether the case can be charged as either a misdemeanor or a felony. Sixth, discharges a firearm in the direction of an emergency management worker or an emergency management worker's car. There are certain exceptions to these laws, however, and these exceptions will be discussed later in this course. 2017 Louisiana Laws. 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 the event that the discharge was of an accidental nature, there are a few things to consider, such as the circumstances and degree of negligence by the firearm user. With gross negligence, - Also referred to as criminal negligence, this behavior goes beyond just simple negligent behavior. People accused of a crime pursuant to this criminal law have the right to challenge the accusation with a legal defense. If the gun was fired at a police officer. My mother told me to call James Dimeas. It is worth it, and you deserve a good defense. Class 1 felonies are punishable by 4 to 15 years jail time, probation, social work, and/or around $25, 000 in fines. You will have a felony on your criminal record, which can negatively affect their opportunities for employment and education. They will know what route should be taken, based on the details of the case, to produce more desirable end-results.
You should know that you may be charged with aggravated battery with a firearm if you shoot at someone or try to shoot them. For instance, say you are at a New Year's Eve party with a group of friends. The first consultation is 100% free and confidential. The law in Arizona considers this type of reckless discharge of a firearm as being of a "criminal negligence" nature and can result in a felony charge with up to three years in prison. Everyone ended up getting cuts and scratches from the incident.
California's Wobbler Cases and Three Strikes Law. He also had no intention of placing anyone in danger of getting injured. 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. At another person or at a car you know is occupied.
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