Chicago Criminal Defense Attorney
Aggravated discharge is a weapons offense that refers to the unlawful and unsafe firing of a gun. In general, discharging a weapon in the direction of a person or group of people or from outside of a building or vehicle into the building or vehicle with the knowledge that there are or could reasonably be people present inside, is a Class 1 felony. Class 1 felonies are punishable by 4 to 15 years imprisonment, probation, community service, and/or up to $25,000 in fines.
The crime becomes a Class X felony when it is committed within 1,000 feet of a school, a school-related or school-sponsored activity, or a school transport vehicle. Class X felonies may be punishable by a mandatory minimum sentence of 10 years imprisonment, with a maximum sentence of 50 years imprisonment for some offenses. A Chicago criminal defense attorney at the Law Offices of Michael P. Schmiege can help you fight your charges if you have been accused of aggravated or reckless discharge of a weapon.
Weapons Offenses in Illinois
Discharging a weapon in the direction of or into a building or vehicle in which the following people are or could reasonably be present and on duty is a Class X felony as well:
- Peace Officer
- Emergency Medical Technician (EMT)
- Emergency Medical Workers, including Paramedics and Ambulance Drivers
- Community Policing Volunteer
- Employee of a Correctional Institution
- Emergency Management Worker
Additionally, any firearm or machine gun which is discharged with a silencer is a count of aggravated discharge.
Reckless discharge of a firearm refers to the act of unintentionally or irresponsibly firing a gun in such a manner that it endangers another person or group of people. Firing a weapon from a moving vehicle is one example; in this situation, the driver of the vehicle may also be charged if he or she was aware of the discharge. Reckless discharge, which is a Class 4 felony, is punishable by one to three years imprisonment, probation, community service, and/or up to $25,000 in fines.
Contact a Chicago criminal defense lawyer at the Law Offices of Michael P. Schmiege for quality defense and legal representation you can trust.