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Misconduct Involving Weapon- Discharging Firearms at Occupied Structure.

A drive by shooting of a house where someone is living could result in the crime of misconduct involving weapons by discharging firearms at a house if this is gang related.

The State would have to prove that the shooting was done in order to promote, assist or further the interests of a criminal street gang. This also applies to a criminal syndicate or a racketeering enterprise.

An enterprise means any partnership, corporation, association, labor union or other legal entity.

Racketeering means any act that involves terrorism or acts committed for financial gain if criminal in nature.

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Brian DiPietro Law, PLLC
Brian DiPietro Law, PLLC
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm