You commit a Class 4 felony when you recklessly discharge a firearm endangering another’s bodily safety. 720 ILCS 5/24-1.5. You can also be convicted if you are the one driving, and your passenger shoots with your consent.
Endangering someone’s bodily safety means someone other than yourself.
Reckless means a conscious disregard of the consequences of your actions, rather than a specific violent intent. A jury may infer “recklessness” from all the circumstances of your case. For example, the court upheld a conviction for a defendant who had fired from at least two different locations. See People v. Peel. However, an accident is not the same as being reckless.
Endangering bodily safety means conduct that could possibly result in injury rather than causing actual injury. Your reckless conduct must create a dangerous situation. Some examples include firing a weapon into the air causing a ricochet effect or where a defendant fired a weapon inside his mother’s apartment while she was seated nearby.
If you have been charged with reckless discharge or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Did the police have probable cause to arrest you? Can the state prove all the elements of the offense beyond a reasonable doubt? Did the gun go off accidentally? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea bargain than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: People v. Stewart, People v. Turner and People v. Cunningham.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
