Aggravated discharge of a firearm state when a person knowingly or unknowingly fires the weapon at any person, at or into any building. Unlawful discharge laws typically punish the unlawful firing of a firearm, such as a pistol or shotgun, but they may also apply to other weapons such as crossbows, blowguns, and BB or pellet guns. 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. Our attorneys can help you and they provide both free consultations and legal advice you can trust.
California's felon with a firearm law outlines the possible penalties for possessing a firearm with a felony on your criminal record. Even if no one was hurt, the possibilityof suffering is enough to be charged. Drug Induced Homicide. Discharging a weapon for self-protection or to defend others against another person would be an applicable legal defense. States can enact stricter gun restrictions, and they may suspend hunting licenses or concealed carry permits. Thus, if recklessness is an element of the offense, the charging instrument must "allege the circumstances of the act which indicate that the defendant acted in a reckless manner. " How Long Is the Mandatory Supervised Release or Parole Period for an Aggravated Discharge of a Firearm? People who do something like this will end up facing penalties. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. If the crime has taken place within one thousand feet of a school, or where there is a gathering of certain demographics, the individual responsible is more often charged with higher severity. 2 Exempt under the law. He was able to take the gun out of her purse and play with it.
Discharge of a firearm in an aggravated manner is considered a Class 1 felony and carries a harsher sentence of four to fifteen years of incarceration and a fine of up to $25, 000. Note that there are several exceptions under this statute that allow a person to discharge a firearm within city limits without facing criminal charges. Unlike with this statute, ARS 13-3107 does not require that a person act while knowing that he/she is breaking the law. In order to be guilty of aggravated discharge of a firearm, you must have committed the crime of discharging a firearm. Although the specific defense will depend on the facts of your case, he may seek to have the gun suppressed because of an unlawful search, expose unreliable eyewitness testimony or obtain the exclusion of incriminating statements resulting from unlawful coercion or violation of Miranda warnings. There are many ways to keep an Aggravated Discharge of a Firearm conviction off your criminal record. By calling 847-807-7405. Performing official duties requiring the discharge of a firearm; or. If you have been charged with an aggravated discharge crime, then you should contact an experienced criminal defense attorney as soon as possible. A conviction under these circumstances could lead to an additional 2 to 5-years in prison.
An arrest for aggravated discharge of a firearm does not necessarily mean you will be convicted. The following situations illustrate who can be charged with PC 246. If you get convicted of a gun-related criminal offense, the consequences can be felt long after your release from prison. They can destroy your property, injure someone else, and even cause death. Recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776. Arizona Revised Statutes 13-3107 Subsection A.
As allowed pursuant to chapter 4 of this title. These laws are very common in densely populated areas. Additionally, even if you do not intend to actually injure an individual, if someone is shot the charge will most likely be increased to that of attempted murder. If you're convicted of a felony criminal discharge crime, you will be required to get rid of any guns you already own, and you won't be allowed to buy new ones legally. If you do not have an attorney, ask for one to represent you. If there were some issues with the recovery of evidence in your case, a motion to suppress might be the solution. In the context of discharging a firearm, an accused could attempt to show that he committed the crime since he had no other choice (for example, because of an emergency). That means that the sentencing range for a Class 1 Aggravated Discharge of a Firearm would be 4 to 30 years in the Illinois Department of Corrections if you have a prior class 1 conviction.
If the convicted individual is an immigrant, this could lead to possible deportation. In Illinois, aggravated discharge of a firearm is a very serious crime.
Call Violent Crimes Criminal Defense Lawyer Clyde Guilamo today for a free consultation. California Penal Code 29800, a felon with a firearm; It is illegal for someone with a felony conviction or outstanding warrant to acquire, control, own, possess or receive a firearm. "Under the doctrine of transferred intent, one who does an unlawful act is liable for the natural and probable consequences of such act. " Reckless discharge of a firearm at a parade or demonstration. While the right to keep and bear arms is constitutionally protected, states have long restricted how and when people can use firearms.