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After hearing some screams, Jose grabbed his gun and shot the ground near the bears. Emergency medical worker. 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. Often times, Aggravated Discharge of a Firearm is charged at the same time as Aggravated Battery with a Firearm.
Aggravated Discharge Of A Firearms
Illinois statute 720 ILCS 5/24-1. Under Illinois Law 720 Ilcs 5/24-1. 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. Reckless discharge of a firearm in Illinois. What is Aggravated Discharge of a Firearm 720 ILCS 5/24-1.
A peace officer discharging their firearm in the line of duty is exempt from these penalties. Regardless of whether they are misdemeanor or felony charges, a conviction for either/or will negatively impact someone's immigration status. Vehicle occupied by an emergency management worker engaged in the performance of their official duties. Next, a person commits aggravated discharge of a firearm when he discharges a firearm in the direction of a peace officer. Although the specific defense will depend on the facts of your case, he may seek to have the gun suppressed because of an unlawful search, expose unreliable eyewitness testimony or obtain the exclusion of incriminating statements resulting from unlawful coercion or violation of Miranda warnings. If the defendant had a previous felony conviction, they could face sentencing enhancements under California's Three Strikes Law. Even if the driver of the vehicle is not the one that fires the weapon, the driver also may be charged if he was aware of the passenger's actions.Aggravated Discharge Of A Firearm Sentencing
Aggravated discharge of a firearm state when a person knowingly or unknowingly fires the weapon at any person, at or into any building. If you knew the gun was loaded and still intended on shooting it, that would mean you intentionally and willfully discharged a dangerous weapon. Violent Crime Cases. People commit this offense when, with criminal negligence, they shoot a firearm within or into the limits of a city or town.
As a former prosecutor, now highly sought after criminal defense lawyer, Attorney Yum understands the full spectrum of life-changing convictions. Let's have a look at how California ultimately defines this law to gain a better understanding of what it entails. California Penal Code 417, brandishing a weapon; It is unlawful to draw or exhibit a firearm in a rude, angry, or threatening manner or to brandish this weapon during a fight or altercation. I got into an argument with my ex-boyfriend. The requirements of aggravated discharge are fulfilled if you merely shoot in the general direction of another individual or crowd of people. I made a really stupid mistake at the worst time. 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. Additionally, any kind of hand-gun or machine gun which is discharged with a silencer is a count of aggravated discharge. People v. Lee, 213 Ill. 2d 218, 225 (2004). You can be charged with Aggravated Discharge of a Firearm even though no one was shot. Consider the Law Offices of Anna R. Yum which offers award-winning, professional legal counsel.
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Use of a Silencer: If you use a silencer when firing a machine gun or firearm, you will also be charged with aggravated discharge. For additional guidance or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm at the Shouse Law Group. Willfully discharging a loaded firearm is one of the elements required for someone to be guilty of PC 246. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. " If the victim is a Corrections Officer or employed at a correctional facility. The federal laws are very strict. Aggravated discharge occurs when the firearm is discharged in a way that puts the safety of others in jeopardy. Emergency Medical Technician (EMT).
If you do not have an attorney, ask for one to represent you. 22(b), street gang enhancement; PC 186. Both girls could be charged with negligent discharge of a firearm.
Aggravated Discharge Of Firearm
He is an honest and straightforward lawyer that will look out for your best interests. One such limitation is a restriction on when and where it is legal to discharge a firearm. If you are charged with Reckless Discharge of a Firearm, you can contact. Her friend recommended him to her. Call criminal defense attorney Phillip Haddad at. Employee of a correctional facility. An example of this type of offense would be discharging a firearm while traveling in a moving vehicle. I'm so lucky I found him online and called him! Here are just a few examples of legal defenses that have been used to successfully fight charges for negligent discharge of a firearm.
The penalties can be stiff, which means that you should hire a Chicago weapons lawyer to defend your case. How does California define the negligent discharge of a firearm? The crime occurs so quickly, the whole thing happens on the move, the loud shots are going off, and people are scrambling around and ducking for cover. Note that if someone shoots a gun in public, and the stray bullet kills someone, a police officer/law enforcement agent can likely charge the shooter with both: - unlawful discharge of a firearm, and. Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Emergency Situation Management Worker.
Aggravated Discharge Of A Firearm Illinois
Contact Our Will County Firearms Charges Attorney. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney. There also are other penalties that may result if you are found guilty of this firearms offense, including a maximum fine up to $25, 000. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. 2) "Parade" for the purposes of this Section shall be defined as any celebration of Mardi Gras or directly related pre-Lenten or carnival-related festivities, school parades, parish parades, state parades, or municipal parades, or any demonstration or gathering for which a permit is issued by a governmental entity. You should make sure you know what you can and cannot do.
Contact the Law Office of Steven Fine for Legal Representation. 2 Disorderly conduct – ARS 13-2904. If convicted, you face the possibility of a 15-year prison sentence and a $25, 000 fine. Armed Habitual Criminal. Aggravated battery, however, requires someone to have been shot (that's the battery part of aggravated battery).
This is because a reasonably prudent person would expect that a bullet fired into the air would fall back down and possibly injure an individual and, as a result, would refrain from such action. But other times, they are angry with someone for a legitimate reason. Speak with your attorney about any grand jury errors. Discharge, also fit in the charge of Agg. A violation of this law is a Class 6 felony that is punishable by up to three years in state prison. A sound strategy and an aggressive defense are essential for a positive outcome.