Orland Park Reckless Firearm Discharge Attorney

Tinley Park Weapons Charges Lawyer for Reckless Discharge or Aggravated Discharge of a Firearm

While Illinois has a law that prohibits people from knowingly discharging firearms in certain prohibited circumstances, Illinois also outlaws the reckless discharge of a firearm. A person may face weapons charges if they disregard the safety of others and act in ways that put others at risk of being injured. Understanding the nature of these charges is crucial for anyone who has been arrested for using a firearm inappropriately. At Issa Law, LLC, we can provide representation for people charged with these types of offenses, and we will work to resolve these cases successfully while protecting our clients' rights.

Reckless Discharge of a Firearm

A person is reckless when that person consciously disregards a substantial and unjustifiable risk. To be charged with an offense involving recklessness, a person's disregard of risks must constitute a severe deviation from the types of actions and the level of care that would be expected of a reasonable person.

For instance, firing a weapon into the air for celebratory reasons would most likely amount to recklessness. This is because a reasonably prudent person would expect that a bullet fired into the air would fall back down and possibly injure someone. Because of this, most people would refrain from such actions. However, a person who disregards these known risks when discharging a firearm may face criminal charges.

Additionally, the reckless discharge of a firearm law may apply even for a person who did not personally fire a weapon. For example, a driver who has knowledge that a passenger in his vehicle plans on firing a gun recklessly, and they consent to these actions, they can be accountable and be convicted of the same offense as the person who actually fired the weapon.

Reckless discharge of a firearm is a Class 4 felony. Upon conviction, a person may be required to serve between one and three years in prison, and fines of up to $25,000 may be assessed. It may be possible to receive probation, but court supervision will not be an available option.

Aggravated Discharge of a Firearm

The Illinois aggravated discharge of a firearm law is worded very broadly and, as a result, it is far-reaching. The law applies when a person knowingly or intentionally discharges a firearm in the direction of a person or vehicle, in the direction of a police officer or other governmental employee or vehicles operated by government employees, in the direction of medical personnel or vehicles containing medical personnel, or in the direction of any school employee who is on school grounds.

With respect to vehicles containing the individuals listed above, those individuals must be performing their official duties. For instance, if someone discharged a firearm towards an ordinary vehicle containing an off-duty officer, the State would not be able to prove that the person knew that they were firing in the direction of a peace officer, but it may succeed in proving that the person fired in the direction of a vehicle. Additionally, the law defines "school activity" to include any activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district, such as sports games.

If a person discharges a firearm at a building or in the direction of a vehicle when they know the building or vehicle is occupied, aggravated reckless discharge is a Class 1 felony, and if convicted, a sentence of four to 15 years in state prison may be imposed. If aggravated discharge of a firearm takes place within 1,000 feet of school property or school activity, an offense is a Class X felony, and a person may be sentenced to between six and 30 years. If a person discharges a firearm in the direction of a peace officer, firefighter, teacher, school employee, or emergency medical technician, or toward a vehicle known to be carrying any of these people, Class X felony charges carry a minimum sentence of 10 years and a maximum sentence of 45 years.

A person convicted of reckless discharge of a firearm may also be required to pay a fine as high as $25,000. At least 85 percent of the prison sentence imposed must be served. Probation may be possible for Class 1 felony charges, but court supervision will not be available.

Contact Our Will County Reckless Discharge Defense Attorney

If you are facing criminal charges related to discharging a firearm, contact us and set up a consultation by calling 708-966-2408.