Understanding Aggravated Assault with a Firearm Charges
Being charged with aggravated assault with a firearm can be an incredibly stressful and frightening experience. These charges carry severe penalties, including years in prison, that can disrupt your life and livelihood. However, with the right legal guidance, there are often defenses that can lead to reduced or dismissed charges. This article will provide an overview of aggravated assault with a firearm charges, potential penalties, and possible defenses to build your understanding of the complex legal landscape.
What Constitutes Aggravated Assault with a Firearm?
In Illinois, aggravated assault with a firearm is covered under 720 ILCS 5/12-2 of the state’s criminal code. This law states that a person commits aggravated assault when they knowingly point, discharge, or attempt to discharge a firearm at another person or in the direction of a vehicle they believe to be occupied.The key aspects of aggravated assault with a firearm charges include:
- Using a real firearm, such as a pistol, rifle, or shotgun. Toy guns do not apply.
- Pointing, firing, or attempting to fire the weapon at another person or occupied vehicle.
- Doing so intentionally and knowingly, not by accident.
Threatening someone with a firearm can also lead to aggravated assault charges in some cases. Even if the firearm is unloaded, the threat can cause reasonable fear and apprehension of harm in the victim.
Penalties for Aggravated Assault with a Firearm
Aggravated assault with a firearm is a Class X felony in Illinois. This is the most serious class of felony with the highest potential penalties.For a Class X felony conviction, penalties can include:
- 6 to 30 years in state prison
- Fines up to $25,000
- Extended supervised release for up to 3 years after prison time
Sentences near the upper end of 6 to 30 years are more common for aggravated assault with a firearm convictions. This is because these charges are viewed as very serious violent offenses.Other consequences can include a permanent felony record and loss of certain civil rights, like voting and owning a firearm.
Possible Defenses to Aggravated Assault Charges
While the penalties are severe, experienced criminal defense attorneys can often build strong defenses by examining the details of each case. Some potential defenses include:
Lack of Intent
One defense is arguing there was no intentional or knowing attempt to harm the alleged victim. For example, if a firearm accidentally discharged without you aiming it at someone, you may not have the requisite intent.
Self-Defense
You can also argue you pointed or discharged the firearm in lawful self-defense or defense of others. If you had a reasonable belief that you or someone else was in imminent danger, use of a firearm may have been legally justified.
Misidentification
In cases relying heavily on witness testimony, mistaken identity is possible. If the prosecution cannot place you at the scene of the alleged crime, the charges should not stick.
False Accusations
Some aggravated assault allegations arise from false accusations motivated by anger, jealousy, or other personal disputes. Skilled attorneys know how to examine the credibility of witness testimony to expose falsehoods.
Plea Bargains Are Common
Due to the steep penalties, many aggravated assault with a firearm cases end in plea bargains for lesser charges. Prosecutors often prefer resolving cases through plea deals rather than risk losing at trial.With an experienced negotiator on your side, you may be able to secure a plea bargain to lesser felony or misdemeanor charges. This avoids the possibility of decades behind bars if convicted at trial.
Diversion Programs Are an Option in Some Cases
First-time offenders without a criminal record may be eligible for a diversion program resulting in dismissed charges. These programs require completing classes, community service, or other conditions in exchange for avoidance of a permanent conviction.Diversion is only offered to defendants with minimal or no criminal history, so legal representation is key in negotiating eligibility.
Sentencing Depends on Specifics of the Case
Within the wide sentencing range of 6 to 30 years, where you ultimately land depends on the case specifics. Factors judges consider include:
- Any injuries or damage caused
- Prior criminal history
- Use of multiple firearms
- Discharging firearm multiple times
- Age of the victim
With so much variability in sentencing, skilled legal guidance is critical to present mitigating factors persuasively on your behalf.
Immigration Consequences Are Severe
A conviction for aggravated assault with a firearm triggers harsh immigration consequences. It is considered an “aggravated felony” leading to mandatory detention and deportation for non-citizen defendants.The complexity of immigration law means consulting an attorney well-versed in both criminal and immigration law is extremely important. Negotiating a plea deal to a non-aggravated offense may prevent deportation.
Restoring Gun Rights Is Difficult
In addition to incarceration, a conviction also leads to a lifetime firearm ban in Illinois. The state allows few exceptions for restoring gun rights, even many years after completing a sentence.However, an attorney may be able to negotiate a plea deal resulting in a non-violent felony conviction. This can help preserve the possibility of gun rights restoration down the road.
Take All Charges Seriously
When faced with aggravated assault with a firearm charges, it can be tempting to simply plead guilty to avoid an intimidating trial. However, the severe penalties demand serious consideration of all options.An experienced attorney can thoroughly examine the evidence and identify opportunities to reduce or dismiss charges through legal defenses and negotiations. While daunting at first, hope remains in most cases when you have the right legal advocate on your side.
Seek Legal Counsel Immediately
Time is of the essence when facing aggravated assault allegations. An attorney can advise you on how to avoid incriminating yourself and protect your rights from the earliest stages. Witnesses’ memories and availability also fade over time, so promptly gathering evidence and statements is key.Don’t go through this alone. The stakes are far too high. With an aggressive defense attorney knowledgeable in Illinois law, many options exist for achieving the best possible outcome for your future