What to Know About Reckless Firearm Discharge in Illinois

 Posted on January 19, 2024 in Gun Safety

Reckless firearm discharge is a serious weapons charge in Illinois that can bring about serious consequences for those convicted. Understanding the laws surrounding the reckless discharge of a firearm is essential if you are facing charges, as your legal situation may be graver than you may realize. If you stand accused of recklessly discharging a firearm and are wondering what to do next, contact a criminal defense lawyer. They will be attuned to the laws in Illinois and how best to navigate your case to maximize the chance of a case outcome that favors you.

Definition and Elements of Reckless Firearm Discharge

Reckless firearm discharge refers to the act of discharging a firearm in a careless manner that poses a risk to the safety of others or their property. Under Illinois law, a person commits this offense if they knowingly discharge a firearm in a manner that endangers the bodily safety of another or causes property damage. The key elements include the actual firing of the weapon, the act being done recklessly, and the potential harm caused to others or their property. Furthermore, in situations where a passenger in a car fires a gun out the window, the driver will be responsible for the passengers’ actions if the driver had the knowledge or consented to illegal conduct.

Legal Consequences

Reckless firearm discharge is a Class 4 felony in Illinois, punishable by one to three years in prison and a fine of up to $25,000. Please understand that the penalties may be enhanced if the discharge occurs in certain locations, such as schools, public parks, or residential areas. Like other serious crimes, a conviction involving the reckless discharge of a firearm is enough to ruin the life of the individual convicted. Not only will you be prohibited from owning a gun, but you may be restricted in your employment and housing opportunities.

Defenses to the Reckless Discharge of a Firearm

Several defenses and certain mitigating factors can be raised in cases of reckless firearm discharge. These may include lack of intent, self-defense, necessity, or the absence of reckless behavior. Cooperation with law enforcement and a lack of a criminal record may also be considered mitigating factors during sentencing.

Contact Our Orland Park, IL, Reckless Firearm Discharge Attorney

If faced with charges related to reckless firearm discharge, retain the legal guidance you can rely on, as your freedom may hang in the balance. Contact the skilled Orland Park, IL, reckless firearm discharge lawyer with Issa Law, LLC. Call 708-966-2408 for a private consultation.