What is Aggravated Discharge of a Firearm?
Aggravated discharge of a firearm is when you knowingly fire a gun, placing someone else at risk, especially under dangerous circumstances.
Examples of these dangerous circumstances include:
- You Allegedly Fired At or Towards a Person
- You Allegedly Fired At or Into an Occupied Vehicle
- You Allegedly Fired From a Vehicle in a Way that Endangered Others
- You Allegedly Fired At or Into an Occupied Building
- You Allegedly Fired At or In the Direction of a Protected Public Servant (police officer, firefighter, etc.)
When you are facing serious charges such as the aggravated discharge of a firearm, you need proven legal defense in your corner. To benefit from more than 80 years of combined legal experience, call our legal team at Combs Waterkotte today at (314) 900-HELP.
Aggravated Discharge vs. Reckless Discharge
The difference between these charges will come down to your mental state and the way in which the gun was fired.
For example:
- Reckless Discharge: Firing a gun in a reckless manner that endangers another person, not necessarily directed at a specific person or target.
- Aggravated Discharge: Knowingly firing in the direction of a person, occupied vehicle, occupied building or other protected target.
Chicago Penalties and Sentencing for Aggravated Discharge
Aggravated discharge of a firearm comes with the following penalties in Illinois:
- It’s a Class 1 felony offense
- It comes with 4-15 years in prison
- It comes with up to $25,000 in fines
You could be facing a Class X felony, however, if the alleged offense involved specific victims (peace officer, fireman or emergency worker) or occurred near school grounds, a bus or park. If charged with a Class X felony, you are facing 10-45 years in prison. Our legal team at Combs Waterkotte can review your case and help you determine how the charges in your case may be classified and what sentencing exposure you may be facing.
Aggravated Factors That Increase Penalties in Chicago
Certain circumstances can elevate aggravated discharge of a firearm charges or expose you to more severe penalties under Illinois law.
These factors include:
- Bodily Harm or Injury
- Discharge from a Vehicle
- Protected Victims (peace officers, firefighters or emergency workers)
- Location Based Enhancements (near schools, parks or involving buses)
- Your Criminal History (prior felony or firearm-related convictions can affect your sentencing)
If any of these aggravated factors are involved in your case, you especially cannot afford to delay in securing proven legal defense. For a free consultation, be sure and reach out to our legal team at Combs Waterkotte today.
What Chicago Prosecutors Must Prove in an Aggravated Discharge Case
In your Chicago aggravated discharge of a firearm case, prosecutors will have to prove that:
- You knowingly fired a weapon
- You fired under dangerous circumstances
Key elements in your case will involve proving that the weapon was fired at a person, in an occupied building, from or at a vehicle or while targeting police or emergency personnel. Prosecutors will build their case upon witness testimony, surveillance footage and forensic evidence such as ballistics.
If the prosecution cannot prove each element beyond a reasonable doubt, however, then your charges may be reduced or dismissed.
How Police and Prosecutors Build Aggravated Discharge Cases in Chicago
Police and prosecutors will attempt to prove that a firearm was knowingly fired at people, vehicles or buildings.
They will build their case upon:
- Physical Evidence: This includes firearms, bullet casings and damage to property.
- Surveillance Footage: This includes CPD pod cameras, private security cameras and body-worn cameras.
- Witness Interviews: This includes statements from alleged victims and bystanders.
- Forensic Analysis: This includes ballistics, fingerprints and DNA found on weapons.
Our Chicago aggravated discharge of a firearm lawyers are experienced with poking holes in the prosecution’s case by challenging the reliability of their evidence, questioning witness credibility and identifying weaknesses in their case.
Defenses Against Chicago Aggravated Discharge Charges
When you contact our Chicago aggravated discharge of a firearm lawyers, we will be able to determine which defenses might apply to your case. We conduct our own investigation and make sure no stone is unturned in your defense.
Common defenses to aggravated discharge charges in Chicago that may apply to you include:
- Self-Defense or Defense of Others: We may be able to argue this if the discharge was necessary to prevent imminent death or great bodily harm.
- Accidental Discharge: We may be able to get your charge reduced to a lesser offense if the state cannot prove that you “knowingly” fired the gun.
- Lack of Evidence: We can challenge the strength of the prosecution’s case by questioning witness credibility, highlighting gaps in forensic evidence and examining whether the firearm evidence was properly handled.
- Mistaken Identity: We may be able to argue that you are not the person who fired the weapon, depending on the details surrounding your case.
- Lack of Knowledge: We may be able to argue that you did not know a firearm was being used or possessed or that you were not responsible for its discharge.
- Illegal Search and Seizure: We may be able to challenge the state’s investigation under the Fourth Amendment and point out that an unlawful traffic stop or warrantless home search took place to seize the weapon.
