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Aggravated or Reckless Discharge of a Firearm

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
  • Fireman
  • Teacher
  • 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.

405 N. Wabash Ave., Suite P2C, Chicago, IL 60611
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The National Trial Lawyers
Law Offices of Michael P. Schmiege - Chicago Criminal Defense Attorney
Located at 53 West Jackson Blvd., #1515 Chicago, IL 60604. View Map
Phone: (312) 626-2400