Aggravated Discharge of a Firearm

What is Aggravated Discharge of a Firearm?

Aggravated Discharge of a Firearm is found at 720 ILCS 5/24-1.2. 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 applies to the use of pistols, rifles, and handguns. Since the crime of Aggravated Discharge of a Firearm applies to how a weapon was being used, it can also apply to the use of BB guns, pellet guns, and bows.

The Illinois Aggravated Discharge of a Firearm statute applies to three (3) general uses of a firearm:

• Firing a Gun at a Person: Under very limited exceptions, it is illegal to fire a gun at another person, regardless of your intent. If prosecutors can prove that you intended to harm the other person, you may face other criminal charges such as Attempted Murder, or Aggravated Battery with a firearm.
• Firing at a Building: It is illegal to fire a gun at a building. In order to be convicted of Aggravated Discharge of a Firearm for shooting at a building, prosecutors will have to prove, beyond a reasonable doubt, that you knew, or should have known, that the building was occupied.
• Firing at a Car: It is illegal to fire a gun at a vehicle. In order to be convicted of Aggravated Discharge of a Firearm for shooting at a car, prosecutors will have to prove, beyond a reasonable doubt, that you knew, or should have known, that the car was occupied.

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. It is common to see a spike in the number of arrests and charges for Aggravated Discharge of a Firearm on New Year’s Eve or after a sports team wins a championship.

What Are the Penalties for Aggravated Discharge of a Firearm?

Aggravated Discharge of a Firearm is a very serious felony in Illinois. Aggravated Discharge of a Firearm is a Class 1 felony which carries a possible prison sentence of 4 to 15 years. The maximum fine for an Aggravated Discharge of a Firearm criminal charge is $25,000. You can receive probation for an Aggravated Discharge of a Firearm charge; however, prosecutors and judges are generally reluctant to agree to a sentence of probation for an Aggravated Discharge of a Firearm case because of the danger to the public and the seriousness of the charges.

The penalties for an aggravated discharge of a firearm case can be increased based on certain aggravating factors. Under the following set of facts, you may be facing a Class X felony which carries a mandatory prison sentence of 6 to 30 years. 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.
• If the victim is a fire fighter.
• If the victim is a Paramedic or EMT.
• If the victim is a Corrections Officer or employed at a correctional facility.
• If the gun was fired at a police officer.
• If the victim is a community volunteer with the police.
• If the gun was discharged within 1000 feet of a park, school, bus, or school sponsored event.

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

James Dimeas is one of the leading criminal defense attorneys in Illinois. James Dimeas has been fighting gun cases throughout the State of Illinois for over 29 years. James Dimeas has established a reputation as one of the best UUW and gun lawyers in Illinois. James Dimeas has perfected the proper court procedures to win gun cases and to challenge every aspect of a UUW and Aggravated Discharge of a Firearm case. James Dimeas has been trained to understand the proper legal steps for the police to make a gun case stick and to break down the actions of the police officers to prove that the proper and legal steps were not taken to win your case and have the gun charges and Aggravated Discharge of a Firearm charges dismissed.

Hire a Highly Experienced Lawyer for your Reckless Discharge of a Firearm Case

James Dimeas is a nationally-recognized, award-winning, UUW and Aggravated Discharge of a Firearm lawyer, with over 29-years of experience handling gun and Aggravated Discharge of a Firearm cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the years 2018, 2019, 2020, and 2021” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney”, a “Best DUI Lawyer in Schaumburg”, and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys gave James Dimeas the “Top 10 Attorney Award for the State of Illinois”. 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. The American Society of Criminal Law Attorneys named James Dimeas a ’10 Best Attorney for Client Satisfaction”. Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois”.

If you are charged with Reckless Discharge of a Firearm, you can contact James Dimeas for a free and confidential consultation. You can speak to James Dimeas personally by calling 847-807-7405.