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Aggravated Discharge of a Firearm

What is Aggravated Discharge of a Firearm?

Aggravated Discharge of a Firearm is found in 720 ILCS 5/24-1.2. In general, you can be charged with Aggravated Discharge of a Firearm if you discharge a firearm in such a way that it puts the safety of others in jeopardy. Aggravated Discharge of a Firearm applies to the use of pistols, rifles, and handguns. Since the crime of Aggravated Discharge of a Firearm applies to how a weapon was being used, it can also apply to the use of BB guns, pellet guns, and bows.

The Illinois Aggravated Discharge of a Firearm statute applies to three (3) general uses of a firearm:

-Firing a Gun at a Person:  Under very limited exceptions, it is illegal to fire a gun at another person, regardless of your intent. If prosecutors can prove that you intended to harm the other person, you may face other criminal charges such as Attempted Murder, or Aggravated Battery with a firearm. 

-Firing at a Building:  It is illegal to fire a gun at a building. In order to be convicted of Aggravated Discharge of a Firearm for shooting at a building, prosecutors will have to prove, beyond a reasonable doubt, that you knew, or should have known, that the building was occupied.

-Firing at a Car:  It is illegal to fire a gun at a vehicle. In order to be convicted of Aggravated Discharge of a Firearm for shooting at a car, prosecutors will have to prove, beyond a reasonable doubt, that you knew, or should have known, that the car was occupied.

You can also be charged with Aggravated Discharge of a Firearm by simply firing a gun up in the air in an urban area when you know that people are living in the community. It is common to see a spike in the number of arrests and charges for Aggravated Discharge of a Firearm on New Year’s Eve or after a sports team wins a championship.

What Are the Penalties for Aggravated Discharge of a Firearm?

Aggravated Discharge of a Firearm is a very serious felony in Illinois. Aggravated Discharge of a Firearm is a Class 1 felony which carries a possible prison sentence of 4 to 15 years. The maximum fine for an Aggravated Discharge of a Firearm criminal charge is $25,000. You can receive probation for an Aggravated Discharge of a Firearm charge; however, prosecutors and judges are generally reluctant to agree to a sentence of probation for an Aggravated Discharge of a Firearm case because of the danger to the public and the seriousness of the charges.

The penalties for an aggravated discharge of a firearm case can be increased based on certain aggravating factors. Under the following set of facts, you may be facing a Class X felony which carries a mandatory prison sentence of 6 to 30 years. The aggravating factors that make an Aggravated Discharge of a Firearm case a Class X felony are as follows:

-If the victim is a teacher.
-If the victim is a fire fighter.
-If the victim is a Paramedic or EMT.
-If the victim is a Corrections Officer or employed at a correctional facility.
-If the gun was fired at a police officer.
-If the victim is a community volunteer with the police.
-If the gun was discharged within 1000 feet of a park, school, bus, or school sponsored event.

James G. Dimeas Will Provide Effective and Aggressive Defense for Your Aggravated Discharge of a Firearm Case by One of the Best Gun Lawyers in Chicago

James Dimeas is one of the leading criminal defense attorneys in Illinois. James Dimeas has been fighting gun cases throughout the State of Illinois for over 28 years. James Dimeas has established a reputation as one of the best UUW and gun lawyers in Illinois. James Dimeas has perfected the proper court procedures to win gun cases and to challenge every aspect of a UUW and Aggravated Discharge of a Firearm case. James Dimeas has been trained to understand the proper legal steps for the police to make a gun case stick and to break down the actions of the police officers to prove that the proper and legal steps were not taken to win your case and have the gun charges and Aggravated Discharge of a Firearm charges dismissed.

Hire a Highly Experienced Lawyer for your Reckless Discharge of a Firearm Case

James Dimeas is a nationally-recognized, award-winning, UUW and Aggravated Discharge of a Firearm lawyer, with over 28-years of experience handling gun and Aggravated Discharge of a Firearm cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the years 2018, 2019, 2020, and 2021” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney”, a “Best DUI Lawyer in Schaumburg”, and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys gave James Dimeas the “Top 10 Attorney Award for the State of Illinois”. James Dimeas is rated ‘Superb’ by AVVO, 10 out of 10, the highest rating possible for any UUW and Aggravated Discharge of a Firearm lawyer in the United States. The American Society of Criminal Law Attorneys named James Dimeas a ’10 Best Attorney for Client Satisfaction”. Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois”.

If you are charged with Reckless Discharge of a Firearm, you can contact James Dimeas for a free and confidential consultation. You can speak to James Dimeas personally by calling 847-807-7405.

Client Reviews
★★★★★
I got into an argument with my ex-boyfriend. One thing led to another and when he came close to me I pushed him away. He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. Being arrested was terrifying. I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. A friend referred me to James Dimeas. He was straightforward and honest with me and charged me a very reasonable and affordable fee. He got me into the Kane County Deferred Prosecution Program. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. I highly recommend Jim Dimeas. He is an honest and straightforward lawyer that will look out for your best interests. E.A.
★★★★★
Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Thought he was my friend. Paid him (more than I should have) and he handled my case for almost a year and totally screwed it up. I fired him and found out that he had given up his law license around the time I hired him. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. I cannot stress how HIGHLY I recommend James Dimeas. I wish I would have hired him from day one. He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. I consider James to be a friend and recommend him to all of my friends. What a great lawyer and an even better guy! J.P.
★★★★★
I had been accused of doing something, by my then wife, that I did not do. I was 100% innocent and was at the lowest point in my life. My mother told me to call James Dimeas. Her friend recommended him to her. James fought for me in court and refused to back down, even when the prosecution offered to lower the charges and make me plead guilty. I refused to plead guilty to something I did not do. The case went to trial and James won my case. I was found not guilty because I was NOT GUILTY. I HIGHLY RECOMMEND JAMES DIMEAS! Not only is he a great lawyer, but he is also a great human being. The truth shall set you free! C.D.
★★★★★
James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. He will go above and beyond what he needs to do to help you out. Sometimes I would text him in the evening or the weekend with a question and he would always respond. Really made me feel like he cared about me. When we went to court he tore apart the girl that was making false allegations against me and he won my case. That was one of the greatest day of my life. If you need legal help, the only lawyer should call is James Dimeas. Highly recommended! E.L.
★★★★★
I am so lucky to have stumbled upon this great attorney. I made a really stupid mistake at the worst time. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. What a great guy. I’m so lucky I found him online and called him! Somebody was looking out for me. J.S.