One of the most common crimes in Chicago is that of the unlawful discharge of a firearm. This article focuses on some of the aggravating and mitigating features that might influence the sentencing process. It is important for the attorney to note that some of these features are precisely the points of argument that might be used to challenge a finding of guilt or sow seeds of reasonable doubt amongst members of the jury (see the procedures in the Gerardo Hernandez–Rodriguez case). Generally speaking, recklessness without malicious intent is treated more leniently than in situations where the defendant has deliberately gone out of his or her way to use a firearm to commit another crime.
Chicago remains one of the harshest when it comes to gun laws, even though gun crime continues to rise. For the courts all that this trend has achieved is to increase the level of aggression amongst lawyers on both sides of the case. One area of particular interest is the level of injury compared to the original intent of the assailant. Shooting in the air is considerably less serious than shooting at a crowd. Typically, the aggravated form of the crime is automatically upgraded to a felony, which significantly increases the risk of long term custody.
Key Issues in the Pre-Trial Phase