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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Aggravated Discharge of Firearm
Aggravated Discharge of a Firearm Charges in Chicago, Illinois
Aggravated discharge of a firearm is a serious and violent offense in Illinois, particularly in Chicago, where gun violence is a significant concern for law enforcement and the community. If you are facing aggravated discharge of a firearm charges in Chicago, it’s crucial to understand the nature of these charges, the severe penalties involved, and why having an experienced defense attorney is essential to protecting your rights and your future.
What Constitutes Aggravated Discharge of a Firearm in Illinois?
Under Illinois law, specifically 720 ILCS 5/24-1.2, aggravated discharge of a firearm occurs when an individual knowingly or intentionally discharges a firearm under circumstances that create a substantial risk of bodily harm or death to another person. The law identifies several scenarios that can elevate a discharge of a firearm to an aggravated offense, including:
Discharging at or into a building: This includes firing a weapon at or into a building or vehicle that the person knows, or should reasonably know, is occupied.
Discharging in the direction of a person: Firing a weapon in the general direction of another person, even if the intent was not to strike them, can constitute aggravated discharge.
Discharging at a peace officer or emergency personnel: Firing at, or in the direction of, law enforcement officers, firefighters, or other emergency personnel engaged in their duties, regardless of whether they are hit, is considered aggravated discharge.
Penalties for Aggravated Discharge of a Firearm in Chicago
The penalties for aggravated discharge of a firearm in Chicago are severe and reflect the serious nature of the crime:
Class 1 Felony: Aggravated discharge of a firearm is typically classified as a Class 1 felony, carrying potential penalties of 4 to 15 years in prison and fines up to $25,000. There is no possibility of probation, meaning a conviction will result in mandatory prison time.
Class X Felony: If the discharge is directed at a police officer, firefighter, or other emergency personnel while they are performing their duties, the charge may be elevated to a Class X felony. This carries a mandatory prison sentence of 6 to 30 years, with no option for probation.
Additional Consequences: Beyond the immediate penalties, a conviction will result in a permanent criminal record, which can significantly impact your ability to find employment, secure housing, and maintain personal and professional relationships.
The Impact of Aggravated Discharge in Chicago
In a city like Chicago, where gun violence is a prevalent issue, law enforcement and prosecutors take aggravated discharge of a firearm cases extremely seriously. The potential for harm in densely populated urban areas means that these cases are often prosecuted aggressively, with the state seeking the maximum penalties available under the law. Local law enforcement agencies, including the Chicago Police Department, work diligently to investigate these crimes and bring those responsible to justice.
The Importance of an Experienced Defense Attorney
Given the harsh penalties and the aggressive approach taken by Chicago prosecutors, it is crucial to have a knowledgeable and experienced defense attorney on your side. Andrew M. Weisberg, a former Cook County prosecutor, brings a wealth of experience and insight to defending individuals accused of aggravated discharge of a firearm. Andrew’s background as a prosecutor gives him a unique perspective on how the state builds its case, which he uses to develop robust defense strategies for his clients.
Andrew understands that being charged with a crime like aggravated discharge of a firearm can be overwhelming and frightening. He is committed to providing each client with individualized attention, ensuring that they are fully informed about their case at every step. Andrew is known for his responsiveness and encourages clients to reach out whenever they need to discuss their case or have concerns.
Defending Against Aggravated Discharge of a Firearm Charges in Chicago
Defending against aggravated discharge of a firearm charges requires a comprehensive and strategic approach. Potential defense strategies may include:
Lack of Intent: The prosecution must prove that you knowingly or intentionally discharged the firearm in a manner that created a substantial risk of harm. If the discharge was accidental or if there is evidence to suggest that you did not intend to create a dangerous situation, the charges may be reduced or dismissed.
Self-Defense: If you discharged the firearm in self-defense or in defense of others, this could serve as a strong defense. Illinois law allows for the use of force, including deadly force, when a person reasonably believes it is necessary to prevent imminent harm.
Mistaken Identity: Aggravated discharge cases can sometimes rely on circumstantial evidence or witness testimony that may be unreliable. If you were wrongly identified as the shooter, presenting evidence of mistaken identity or an alibi can be crucial to your defense.
Violation of Rights: If your rights were violated during the investigation or arrest—such as through unlawful search and seizure, coercion, or improper handling of evidence—it may be possible to suppress key evidence, significantly weakening the prosecution’s case.
Andrew M. Weisberg: A Trusted Chicago Defense Attorney
Andrew M. Weisberg has earned a reputation as one of Chicago’s most trusted criminal defense attorneys, with countless 5-star reviews from clients who have benefited from his dedication and expertise. His appearances on various news programs to discuss criminal law further demonstrate his knowledge and standing in the legal community. Andrew takes pride in not only providing a vigorous defense but also in ensuring that his clients feel supported and informed throughout the legal process.
Andrew’s client-focused approach means that he tailors his defense strategies to the specific circumstances of each case. Whether negotiating with prosecutors or defending your case in court, Andrew is committed to achieving the best possible outcome for his clients.
Contact Andrew M. Weisberg for a free consultation today at (773) 908-9811 to discuss your case. With his extensive experience, client-focused approach, and commitment to your defense, Andrew is the advocate you need if you are facing aggravated discharge of a firearm charges in Chicago.
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