What is Aggravated Discharge of a Firearm?
The aggravated discharge of a firearm can be found in the 720 ILCS 5/24-1.2. Generally, one can be charged with an Aggravated Discharge of a Firearm if they discharge any Firearm in such a way that it puts the life and safety of others in peril. The Aggravated discharge of Firearms applies to all kinds of Firearms, including pistols, handguns, and rifles.
Moreover, the law related to the crime of Aggravated Discharge of a Firearm applies to how a weapon is used; it can also be applied to various types of pellet guns, BB guns, and even bows.
If they are a resident of Illinois, they must be aware of the statute by The Illinois Aggravated Discharge of a Firearm. The law or the statute applies to mainly three uses of a firearm.
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Firing a Gun at a Person
There are very limited exceptions where it is illegal to fire a gun at another person regardless of whatever their intent is. However, suppose the prosecutor can somehow prove that the person has tried to harm the other person in the court. In that case, the person will face some severe criminal charges, which include Aggravated Battery with a firearm or Attempted Murder.
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Firing at a Building
It is very much illegal to fire a gun at a building. So now, in this case, if the prosecutor is proving the charge of Aggravated Discharge of a Firearm for shooting at a building, they will have to prove that beyond a reasonable doubt that a person knew that the building at which the person was shooting was occupied.
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Firing at a Car
It is illegal to fire a gun at a vehicle; now, in this case, if the prosecutor is proving the charge of Aggravated Discharge of a Firearm for shooting at a car, they will have to prove that beyond a reasonable doubt the person knew that the car was occupied.
Additionally, they can also be charged with an Aggravated Discharge of a Firearm by simply firing the gun up in the air in an urban area if they did know that there were people living in it.
Today it is pretty common in Illinois to see a large number of arrests and charges related to Aggravated Discharge of a Firearm.
And this is where Goldman and Associates will provide the best criminal defense that people truly deserve.
What are the Penalties Associated with Aggravated Discharge of a Firearm?
The Aggravated Discharge of a Firearm is classified as a Class 1 felony where if convicted, people may end up 15 long years in prison. Additionally, they will also be directed to pay a fine of up to $25000.
No one should understand this carefully. If the prosecutor gives evidence that the gun was fired within a range of 1000 feet in a bus, school, activity, or park, the person will be charged as a Class X felony.
Additionally, people can also be convicted of discharging their gun in a direction or a vehicle in the occupation of the following person while they are working on their duties. These include
- A law enforcement office
- The employee of a correctional facility
- A community volunteer who is working with the police
- A firefighter
- A Paramedic
- Any employees at school or educators present on the grounds of the school
- Any emergency management worker.
If a person is convicted of a Class X felony, they would be punishable for six to about thirty years in prison. The fines can also exceed $50,000 probation, and that may last up to three years.
Now people might feel that if you are convicted of an offense that is gun-related, there are also major consequences. If a person is a non-citizen, they might face certain restrictions regarding their immigration and also can be deported to their home country. Additionally, it also affects their chances and opportunities regarding employment as well as education. Also, you will also be disqualified from any kind of house assistance as well as government-funded welfare programs.
How can Goldman and Associates Help You?
We at Goldman and Associates are one of the leading DUI defense law firms and criminal lawyer in Chicago and surrounding areas. Whatever be the size of your case, our criminal lawyers would fight for all your right against any kind of law enforcement in the State of Illinois. Our team of expert lawyers possesses the necessary experience as well as knowledge to provide you with the best defense for any kind of situation.
In cases like an aggravated discharge of a firearm, it is significant that you put out a great defense if you are falsely accused. Your legal defense must be in such a way that the prosecutor is able to prove that without a reasonable doubt, it is you who have committed this crime.
At Goldman and Associates, we understand how severe penalties and prison terms can be. Our team of criminal lawyers in Chicago has worked with many judges and police officers and understands the depth of the criminal law and justice system. So, if you are someone who wants to protect your rights for your future, arrange a meeting with us today. We will be really glad to help you.
What is Reckless Discharge of a Firearm
Sports-related shooting and target practice are some of the American traditions that people practice, and they enjoy legal protection. However, when any citizen uses a firearm in a dangerous way, whether it was intended to harm or not, that person will face certain grave criminal charges. The crime that is a reckless discharge of a firearm is considered a serious felony and includes certain heavy fines as well as years in prison.
The Reckless Discharge of a Firearm comes under the Illinois statute of 720 ILCS 5/24-1.5 According to the law or statute of Illinois; a person is charged with the reckless discharge of a Firearm if you fire a gun in such a way that it puts the lives of people at risk.
The crime becomes aggravated when the weapon is discharged against a person, building, or vehicle and if the evidence is there that the person had knowledge of the people inside.
What are the Penalties for a Reckless Discharge of a Firearm?
In Illinois, reckless discharge of a firearm is taken at various severe levels, and there are various criminal as well as collateral consequences for this crime which are really very severe.
Some of the penalties are as follows.
- Reckless Discharge of a Firearm: This is classified as a Class 4 Felony, and if one is charged with this, they have to pay a fine of $25000 and also spend one to three years in prison.
- Aggravated Discharge of a Firearm: This is classified as a Class 1 Felony, and if one is charged with this, they have to pay a fine of $25000 as well as four to fifteen years in prison
- The Reckless Discharge of a Firearm within 1,000 Feet of a School or categories of people: This is classified as a Class X Felony, and if one is charged for this, they have to pay a fine of $25000 as well as 50 years in prison.
Additionally, even if you are discharged from prison, certain restrictions will make it very difficult for you to live a normal life in society. These include opportunities to find a stable job inability to get admission to desired colleges or universities. Additionally, if you are a non-citizen, you might face issues related to your immigration and be deported to your home country.
How can Goldman and Associates Help You?
The thought of spending time in prison is something that people are really terrified about. We at Goldman and Associates are one of the leading DUI defense law firms and criminal lawyer in Chicago and surrounding areas. Whatever be the size of your case, our criminal lawyers would fight for all your right against any kind of law enforcement in the State of Illinois. Our team of expert lawyers possesses the necessary experience as well as knowledge to provide you with the best defense for any kind of situation.
In cases like the reckless discharge of a firearm, it is significant that you put out a great defense if you are falsely accused. Your legal defense must be in such a way that the prosecutor is able to prove that without a reasonable doubt, it is you who have committed this crime.
At Goldman & Associates, we understand how severe penalties and prison terms can be. Our team of criminal lawyers in Chicago has worked with a lot of judges as well as police officers and understands the depth of the criminal law and justice system. So, if you are someone who wants to protect your rights for your future, arrange a meeting with us today. We will be really glad to help you.