Aggravated discharge of a firearm is a specific charge under the Illinois Criminal Code. Based on the severity and potential harm inherent with this offense, it is charged and punished separately from other weapon crimes in Illinois. Any person who commits aggravated discharge of a firearm will likely face felony charges and serious criminal consequences.
How Does Illinois Define Aggravated Discharge of a Firearm?
720 ILCS 5/24-1.2 furnishes the Illinois definition of aggravated discharge of a firearm. This section makes it unlawful to knowingly or intentionally discharge a firearm:
- At or into a building from the outside, knowing or having a reason to know that it is occupied;
- In the direction of another person or a vehicle, knowing or having a reason to know that it is occupied;
- In the direction of another person to obstruct or retaliate against a police officer, firefighter, or similar officer in the performance of their official duties;
- In the direction of a vehicle, knowing or having a reason to know that it is occupied by a police officer, firefighter, or similar officer in the performance of their official duties;
- In the direction of another person to obstruct or retaliate against medical services personnel in the performance of their official duties;
- In the direction of a vehicle, knowing or having a reason to know that it is occupied by medical services personnel in the performance of their official duties;
- In the direction of another person on school property or grounds, knowing or having a reason to know that they are a teacher or school employee;
- In the direction of another person to obstruct or retaliate against an emergency management worker in the performance of their official duties; or
- In the direction of a vehicle, knowing or having a reason to know that it is occupied by an emergency management worker in the performance of their official duties.
What is the Illinois Penalty for Aggravated Discharge of a Firearm?
Section 24-1.2 also explains the Illinois penalty for aggravated discharge of a firearm. Though the exact punishment does change based on the circumstances of the offense.
If the offender discharged a firearm at a building or vehicle — knowing or having a reason to know that it was occupied — it is a Class 1 felony. The same is true for discharging a firearm in the direction of another person. If convicted for a Class 1 felony in Illinois, the punishment can include imprisonment for four to 15 years and criminal fines up to $25,000.
In just about every other situation, aggravated discharge of a firearm is a Class X felony. If convicted for a Class X felony in Illinois, the punishment can include imprisonment for six to 30 years and criminal fines up to $25,000.
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.