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James Dimeas is rated 'Superb' by AVVO, 10 out of 10, the highest rating possible for any UUW and Aggravated Discharge of a Firearm lawyer in the United States. James Dimeas is one of the leading criminal defense attorneys in Illinois. There are many ways to keep an Aggravated Discharge of a Firearm conviction off your criminal record.
Written by Matt Robinson. The immigration consequences include deportation if convicted of negligent discharge of a firearm. Essentially, this is the charge that can be applied whenever a weapon is fired in a way that could be unsafe. These checks are done in an attempt to keep weapons out of the hands of people with criminal charges, and those crimes can range from gun crimes to domestic violence, and more. They are doing nothing more than basically quoting from the American Bar Association's Rules of Professional Conduct about the principle of a "lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law. " If you would like more information on the offenses reviewed above or would like a free no-obligation legal consultation, call our offices at 619-233-4433 or use our online correspondence form. By calling 847-807-7405. In general, you can be charged with Aggravated Discharge of a Firearm if you discharge a firearm in such a way that it puts the safety of others in jeopardy.
Aggravated discharge of a firearm is not a joke, it is considered to be a very serious crime. However, if you use it in certain places and without regard for the safety of others, you could be charged with reckless discharge of a firearm or aggravated reckless discharge of a firearm charges. If you found this article helpful, then consider giving us a review on Google! He also had no intention of placing anyone in danger of getting injured. Third, discharges a firearm in the direction of emergency medical services personnel.
According to Statute 720 ILCS 5/24-1. 2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1, 000 feet of any person commits a felony of the second degree, punishable as provided in s. 082, s. 083, or s. 084. Get started with a free consultation by calling us at (312) 436-0638 or contacting us online. How is Aggravated Discharge of a Firearm Different from Aggravated Battery with a Firearm? These facts are also referred to as elements of the crime, which are as follows: Elements of the Crime. I fired him and found out that he had given up his law license around the time I hired him. How to Keep an Aggravated Discharge of a Firearm Criminal Conviction off Your Record? Knowing this, it's important to mention, in negligent discharge cases where the weapon used was a BB device, it will most often end in a misdemeanor charge. If you have been arrested for violating local gun laws, you may find yourself facing jail time.
Aggravated Reckless Discharge of a Firearm. ONE PHONE CALL CAN SAVE YOU FROM PRISON! After securing the scene, officers interviewed multiple witnesses, reviewed video footage, and were able to identify a suspect who was later located in the 1200 block of Wenthe Drive. A firearm is defined as a device designed to shoot and project a projectile by the force of gunpowder. Accidental discharges can incur misdemeanor convictions and may include up to a year in jail or fines. Generally, Aggravated Discharge of a Firearm is a Class 1 Felony under subsections (1) and (2). Aggravated Unlawful Use of A Weapon. He did so without regard for their safety and could have caused someone serious injury or death. You could also be sentenced to paying a fine of up to $25, 000.
Penalties for Aggravated Discharge of a Firearm.
If charged, an individual can expect anywhere from 1 to 3 years in jail, and a fine of up to $25, 000. I got into an argument with my ex-boyfriend. Finally, you may be disqualified from government funded housing assistance and welfare programs. ARS 13-3107 Unlawful Discharge of a Firearm considers this reckless and criminally negligent discharge of a firearm serious enough to classify it as a Class 6 Felony instead of just a misdemeanor. Being safe and responsible with firearms has become more important as gun violence becomes prevalent in mainstream news. Chicago criminal defense lawyer Dan Hinich can a help you fight your case if you have been accused of aggravated or careless discharge of a weapon. Another example is discharging a firearm in the back of a school lot for "target practice".
This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service. If the victim dies from the gunshot wound, you may face a charge of murder. The charge is a Class 1 Felony and carries a sentence of 4-15 years in prison and a fine of up to $25, 000. Additionally, even if you do not intend to actually injure an individual, if someone is shot the charge will most likely be increased to that of attempted murder. A violation of these laws is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years. In most cases, a violation of the first two items in the list above — discharging a firearm at a person or an occupied building or vehicle — constitutes a Class 1 felony.
A discharge of a firearm means to shoot the weapon. Some states have laws that prohibit the illegal use of a weapon. 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. Image courtesy of Quentin Kemmel). Reckless discharge of a firearm at a parade or demonstration. A violation of the statute is a first-degree misdemeanor. The interesting thing about this law is that you could also be charged with an offense even if you weren't the one who fired the weapon. However, each state has laws that limit the use of weapons in order to protect public health and safety. 5), and this is classified as a Class 4 felony. Their approach to legal problems is head-on, efficient, and with a plan of attack catered to their clients. The same could be said if the possible attackers were people instead of animals. On a properly supervised range. It could only be a single bullet. There is no requirement that you actually try to shoot or scare someone.
Any criminal charge involving a weapon is a serious situation. Federal firearms law prohibits any convicted felon from possessing a gun. Sixth, discharges a firearm in the direction of an emergency management worker or an emergency management worker's car. "Under the doctrine of transferred intent, one who does an unlawful act is liable for the natural and probable consequences of such act. " Worst case scenario on a class 4 felony is 3 years IDOC whereas the best prison sentence on a class 1 is 4 years IDOC. These laws are very common in densely populated areas. 15, does not apply to a person: - lawfully defending life or property; or. Up to ten thousand dollars in fines. For additional help…. What a great lawyer and an even better guy!