What is Reckless Discharge of a Firearm in Illinois?
Defined as “firing a gun in a manner that endangers the safety of others,” this offense is a Class 4 felony in Illinois. With recklessness being a burden of proof upon the prosecution, it will have to be shown that you:
- Disregarded a “substantial and unjustifiable risk” that firing a gun would endanger the bodily safety of another
- Example: you grossly deviated from the standard of care that a reasonable person would exercise, such as by firing a gun into the air / or in public
Actual intent to harm someone is not required. The difference between accidental discharge of a firearm and reckless discharge of a firearm is that an accident does not involve a “substantial and unjustifiable risk” that was disregarded.
Call Combs Waterkotte today if you have been arrested for the reckless discharge of a firearm in Chicago. We are prepared to put our more than 80 years of combined legal experience to work for you. Contact our office now at (314) 900-HELP.
How Reckless Discharge Cases Arise in Chicago
A reckless discharge case can arise from a variety of different situations, but common circumstances include:
- Shots were Fired During an Argument or Street Confrontation
- Shots were Fired into the Air on a Holiday, Party or After a Sporting Event
- Shots were Fired from a Moving Car or From a Passenger with the Driver’s Knowledge
- Shots were Fired in an Alley, Near Homes, Apartment Buildings, Parks, Sidewalks or Busy Streets
- Shots Went Off While Cleaning/Loading/Handling/Showing Off Your Gun
- Shots were Fired During Self-Defense Actions, with Bystanders Nearby
Elements the State Has to Prove in a Chicago Reckless Discharge of a Firearm Case
In order to sustain a conviction, the prosecution will have to prove your charge beyond a reasonable doubt.
That will involve establishing these core elements:
- You Discharged a Firearm (or were legally accountable for the discharge)
- The Discharge was Reckless
- Another Person’s Bodily Safety was Endangered
Prosecutors will use witness testimony, police observations, shell casings / ballistics, surveillance or doorbell video, defendant statements and more to build their case against you.
We can review the details of your case to determine whether defenses such as accident, self-defense or lack of supporting evidence may apply.
What is Reckless Discharge of a Firearm in Illinois?
Defined as “firing a gun in a manner that endangers the safety of others,” this offense is a Class 4 felony in Illinois. With recklessness being a burden of proof upon the prosecution, it will have to be shown that you:
- Disregarded a “substantial and unjustifiable risk” that firing a gun would endanger the bodily safety of another
- Example: you grossly deviated from the standard of care that a reasonable person would exercise, such as by firing a gun into the air / or in public
Actual intent to harm someone is not required. The difference between accidental discharge of a firearm and reckless discharge of a firearm is that an accident does not involve a “substantial and unjustifiable risk” that was disregarded.
How Reckless Discharge Cases Arise in Chicago
A reckless discharge case can arise from a variety of different situations, but common circumstances include:
- Shots were Fired During an Argument or Street Confrontation
- Shots were Fired into the Air on a Holiday, Party or After a Sporting Event
- Shots were Fired from a Moving Car or From a Passenger with the Driver’s Knowledge
- Shots were Fired in an Alley, Near Homes, Apartment Buildings, Parks, Sidewalks or Busy Streets
- Shots Went Off While Cleaning/Loading/Handling/Showing Off Your Gun
- Shots were Fired During Self-Defense Actions, with Bystanders Nearby
Elements the State Has to Prove in a Chicago Reckless Discharge of a Firearm Case
In order to sustain a conviction, the prosecution will have to prove your charge beyond a reasonable doubt.
That will involve establishing these core elements:
- You Discharged a Firearm (or were legally accountable for the discharge)
- The Discharge was Reckless
- Another Person’s Bodily Safety was Endangered
Prosecutors will use witness testimony, police observations, shell casings / ballistics, surveillance or doorbell video, defendant statements and more to build their case against you.
We can review the details of your case to determine whether defenses such as accident, self-defense or lack of supporting evidence may apply.
What Constitutes Reckless vs. Intentional Conduct in Chicago?
This is an issue that comes down to mental state–whether you were trying to cause a particular result or whether you consciously disregarded a “substantial and unjustifiable” risk.
Examples of the differences between reckless and intentional include:
- Reckless: You fire a gun into the air in a crowded neighborhood.
- Intentional: You point a gun at someone and shoot to hit them.
- Reckless: You handle a loaded firearm carelessly and it goes off.
- Intentional: You pursue a person down a street while shooting at them.
- Reckless: You fire a round into the ground during an argument.
- Intentional: You wait for someone to arrive and then open fire at them.
Our legal team at Combs Waterkotte can review the details surrounding your case and assess whether your actions may be characterized as reckless rather than intentional.
Penalties for Reckless Discharge of a Firearm in Chicago
If you are convicted of reckless discharge of a firearm in Chicago, you will be facing:
- A Class 4 Felony Offense (unless it occurred near a school or against certain individuals, in which case it can be a Class X felony)
- 1-3 Years in State Prison
- Possible Supervised Release
- Up to $25,000 in Fines
Additionally, a felony record comes with other consequences that include difficulty obtaining employment and housing, loss of a professional license and loss of firearm rights. With such serious penalties on the line, it is imperative that you speak with our Chicago reckless discharge of a firearm lawyers today.
Aggravating Factors That Increase Penalties in Chicago
You could be facing more severe penalties if aggravating factors are involved in your case.
Some aggravating factors in a reckless discharge of a firearm case can include:
- Aggravated Discharge: If the discharge was directed at a person, vehicle or building.
- Vehicle Involvement: If a passenger shoots a gun from a moving vehicle, with the driver’s consent, both of them can be charged.
- Location: If the discharge occurred within 1,000 feet of a school or at certain individuals such as police officers or teachers.
- Injury was Caused: If someone was struck or injured by the reckless discharge, you can expect to face enhanced penalties.
- Gang-Related Activity: If the conduct was allegedly gang-related, that can trigger enhanced penalties.
When you speak with our legal team at Combs Waterkotte, we can review your case and let you know if there are any aggravating factors that the prosecution might raise in an effort to increase the severity of the charges against you.
What to Expect After a Reckless Discharge Arrest in Chicago
Following a reckless discharge arrest in Chicago, you are facing a long road ahead that includes:
- Bond Hearing / Pretrial Release: The court will decide whether you will be released or detained and what conditions apply (such as no firearms, travel restrictions, etc.), if you are released.
- Formal Charges: The state will review the charges and may file an upgrade after reviewing reports.
- First Court Date / Arraignment: This is where you will be advised of your charges and enter your plea– the case will then proceed on schedule.
- Firearm Restrictions: This can include no possession of firearms or FOID card, possible seizure of your weapons and risks to your future eligibility to carry a firearm.
- Conditions of Release: This can include curfew, electronic monitoring, drug/alcohol testing, stay away orders, etc.
- Investigation: This will involve the discovery phase, where evidence will be reviewed such as body cam footage, ballistics and witness statements. We can help you identify the best defense strategies that apply to your case.
- Timeline: These cases often take months to resolve, so it is important to have experienced legal defense guiding you through each stage of your case.
- Potential Penalties / Consequences: In addition to criminal penalties, such as fines and prison time, you are also facing risk to your housing and employment opportunities and ability to obtain/maintain a professional license.
To protect your rights and peace of mind, in the following days, we recommend you speak with our Chicago reckless discharge of a firearm lawyers immediately.
