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FIREARM RECKLESS DISCHARGE CHICAGO CRIMINAL DEFENSE ATTORNEY
FIGHTING A GUN CHARGE? CALL FIREARM RECKLESS DISCHARGE CRIMINAL DEFENSE ATTORNEY
Call Firearm Reckless Discharge Chicago Criminal Defense Attorney if You Have Questions About Illinois Gun Laws.
Of course, you know that shooting into somebody, shooting from a vehicle, or shooting into a house is a serious offense in Illinois. However, in Illinois, a simple act of firing a gun could have serious criminal consequences. Moreover, Firearm Reckless Discharge Chicago Criminal Defense Attorney warns that firing a gun can be illegal even if no one was hurt or threatened. Specifically, it is true in the City of Chicago. As a result, police arrest a lot of people for shooting funs in the air or taking target practice in their backyards. That happens because according to Illinois gun laws it is illegal to recklessly discharge a firearm.
Firearm Reckless Discharge Chicago Criminal Defense Attorney Explains How Illinois Law Defines Reckless Discharge of a Firearm.
According to 720 ILCS 5/24-1.5, a person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual. Thus, under 720 ILCS 5/24-1.5 and People v. Collins, 214 Ill. 2d 206, 212 (2005) the State must prove two things to get the conviction for reckless discharge of a firearm. First, that a person discharged a firearm in a reckless manner. Second, that a person endangered the bodily safety of another individual.
Examples of Reckless Discharge of a Firearm Explained by Firearm Reckless Discharge Chicago Criminal Defense Attorney Tikhvinskiy.
First, if you fire a gun into the air during a party in Cook County, you will be guilty of reckless discharge of a firearm. In People v. Watkins, 361 Ill. App. 3d 498, 499 (2005), the court explained that bullets fired into the air endangered the safety of others in a residential area. Second, if you shoot at a target in your back yard, police can arrest you for reckless discharge of a firearm as well. Third, if you shoot raccoons in your back yard in Cook County, you will be guilty of reckless discharge of a firearm as well.
Reckless Discharge of Firearm Is Always a Felony.
According to 720 ILCS 5/24-1.5, reckless discharge of a firearm is always a felony. Specifically, the purpose of this statute 720 ILCS 5/24-1.5 was to fill the gap between the offense of reckless conduct (Class A Misdemeanor) and aggravated discharge of a firearm (Class 1 Felony). As a result, now, reckless discharge of a firearm is a Class 4 Felony.
Defenses to Reckless Discharge of a Firearm Explained by Chicago Attorney Tikhvinskiy.
Certainly, it is the job of Chicago Criminal Defense Attorney Tikhvinskiy to look at the circumstances of your reckless discharge case to find possible defenses. Often, this will require creating a detailed reconstruction of the scene of reckless discharge of a firearm offense. As a result, it is possible to find defenses to your reckless discharge of a firearm case. For example, under People v. Moreno, firing a gun into the ground does not endanger the life and safety of others. Second, under People v. Grant, the state cannot charge you if you accidentally discharged your gun, for example, in your apartment. Third, it is possible to argue self-defense. For instance, you could have shot a gun in the area to scare off an animal. Maybe, you shot a gun in the area to stop a gang member from committing a crime.
You Need Firearm Chicago Criminal Defense Attorney Tikhvinskiy to Fight You Gun Charges.
Above all, prosecutors treat gun crimes very seriously. As a matter of fact, that affects your reckless discharge of firearm charge. Thus, it is very hard to convince a prosecutor to dismiss or to reduce those charges. Therefore, you need an experienced Chicago Criminal Defense Attorney Tikhvinskiy to fight reckless discharge of a firearm charges. If you or your family member were accused of reckless discharge of a firearm, take it very seriously. You need to talk to Chicago Criminal Defense Attorney Tikhvinskiy as soon as possible. Call now at (312) 583-7345. The first consultation is 100% free and confidential.