Aggravated discharge of a firearm is an Illinois crime that involves extremely dangerous gun use. Accidental discharge or a similar mistake does not rise to the level of aggravated discharge in Illinois. Instead, the alleged offender must knowingly or intentionally fire a gun at a person, building, or vehicle.
What are the Illinois Laws Against Aggravated Discharge of a Firearm?
720 ILCS 5/24-1.2 establishes the Illinois laws against aggravated discharge of a firearm. A person commits this offense if they intentionally discharge a firearm:
- At a building from outside, knowing or having a reason to know that there are people inside the structure;
- In the direction of another person or at a vehicle, knowing or having a reason to know that there is someone inside;
- In the direction of another person, knowing or having a reason to know that they are a police officer, firefighter, or similar agent in the performance of their official duties;
- At a vehicle, knowing or having a reason to know that there is a police officer, firefighter, or similar agent inside who is performing their official duties;
- In the direction of another person, knowing or having a reason to know that they are an emergency medical services provider in the performance of their official duties;
- At a vehicle, knowing or having a reason to know that there is an emergency medical services provider inside who is performing their official duties;
- In the direction of another person, knowing or having a reason to know that they are a teacher or school employee in the performance of their official duties;
- In the direction of another person, knowing or having a reason to know that they are an emergency management worker in the performance of their official duties; or
- At a vehicle, knowing or having a reason to know that there is an emergency management worker inside who is performing their official duties.
How Does Illinois Punish Aggravated Discharge of a Firearm?
Section 24-1.2 also explains the Illinois punishment for aggravated discharge of a firearm. There is a multi-tiered penalty structure in place, varying based on the circumstances of the underlying offense.
At a baseline level, aggravated discharge of a firearm is a Class 1 felony in Illinois. If convicted for this class of felony, the punishment can include four to 15 years in prison, $25,000 in criminal fines, and four years of probation.
The punishment gets worse for offenses involving a police officer, firefighter, emergency medical/management worker, teacher, or school employee. In these situations, aggravated discharge of a firearm is a Class X felony in Illinois. If convicted for this class of felony, the punishment can include 10 to 45 years in prison and $25,000 in criminal fines. Probation is not available for Class X felonies in Illinois.
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.