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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 an individual from knowingly discharging a firearm in certain prohibited circumstances, Illinois also outlaws the reckless discharge of a firearm. A person is reckless when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow and that "disregard of the risk" constitutes a gross deviation from the standard of care that a reasonable person would exercise.

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 an individual and, as a result, would refrain from such action.

Additionally, the Reckless Discharge of a Firearm law includes individuals who do not fire the weapon personally. A driver who has knowledge that a passenger in his vehicle plans on committing the discharging of a firearm and consents to it, can be accountable and be convicted just as the individual who actually fires the weapon.

The Sentence

  • Class 4 Felony
  • 1 to 3 years in state prison
  • Fine up to $25,000

Probation Possible? Yes.

Supervision Possible? No.

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 punishes an individual when they either knowingly or intentionally discharge a firearm: in the direction of a person or vehicle, in the direction of a broad range of governmental employees (including officers) or towards the governmental employees' vehicles, in the direction of medical personnel or vehicles containing medical personnel, in the direction of any school employee who is on school grounds and in the direction of emergency management workers or vehicles containing emergency management workers.

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 paragraph 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.

The Sentence

The punishment for Aggravated Discharge of a Firearm is dependent on the actual charge. The minimum charge is a Class 1 Felony while the most stringent charge is a Class X Felony, as shown below.

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:

  • Class 1 Felony
  • 4 to 15 years in state prison
  • Fine up to $25,000

If aggravated discharge of a firearm takes place within 1,000 feet of school property or school activity:

  • Class X Felony
  • 6 to 30 years in state prison
  • Fine up to $25,000

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
  • 10 to 45 years in state prison
  • Fine up to $25,000

Time to be Served: 85% of the sentence imposed.

Probation Possible? Yes, for Class 1 Felonies.

Supervision Possible? No.

Contact Our Will County Firearms Charges Attorney

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

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