One very serious weapon crime in Illinois is the aggravated discharge of a firearm. This offense is reserved for careless gun users who discharge their weapons haphazardly at other people. Given the extreme danger of these weapons, the state of Illinois specifically prohibits this type of dangerous firearm use. To understand the boundaries of this offense, the following sections will review the definition of and penalties for aggravated discharge of a firearm in Illinois.
What is the Definition of Aggravated Discharge of a Firearm?
The definition of aggravated discharge of a firearm appears in 720 ILCS 5/24-1.2. A person commits this offense if they knowingly and intentionally discharge a firearm at or in the direction of a(n):
- Building that is occupied by a person;
- Person or a vehicle occupied by a person;
- Law enforcement officer, firefighter, or similar government agent engaged in the performance of their official duties;
- Vehicle occupied by a law enforcement officer, firefighter, or similar government agent engaged in the performance of their official duties;
- Paramedic, first responder, or similar emergency medical personnel engaged in the performance of their official duties;
- Vehicle occupied by a paramedic, first responder or similar emergency medical personnel engaged in the performance of their official duties;
- Teacher or school employee on or adjacent to school grounds or at a school-related activity;
- Emergency management worker engaged in the performance of their official duties; or
- Vehicle occupied by an emergency management worker engaged in the performance of their official duties.
What are the Penalties for Aggravated Discharge of a Firearm?
As outlined in 720 ILCS 5/24-1.2, the penalties for aggravated discharge of a firearm change based on the circumstances of the offense. In most cases, a violation of the first two items in the list above — discharging a firearm at a person or an occupied building or vehicle — constitutes a Class 1 felony. The typical Illinois penalties for that level of felony include four to 15 years in jail, $25,000 in fines and up to four years of probation.
On the other hand, a violation of the other items in the list above — discharging a firearm at police, firefighters, paramedics, teachers, or emergency management workers — constitutes a Class X felony. The typical Illinois penalties for that level of felony include 10 to 45 years in jail, $25,000 in fines and no possibility of probation.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.
(image courtesy of Quentin Kemmel)