Understanding Illinois’ Aggravated Discharge of a Firearm Law 720 ILCS 5/24-1.2
In Illinois, the crime of aggravated discharge of a firearm is defined under statute 720 ILCS 5/24-1.2. This law makes it illegal to knowingly or intentionally fire a gun in certain circumstances, even if no one is hurt. Let’s break down the key aspects of this law so you can understand what is and isn’t allowed in Illinois when it comes to discharging firearms.
What Does the Law Say?
There are 9 ways someone can commit aggravated discharge of a firearm according to 720 ILCS 5/24-1.2. In summary, you commit this crime if you:
- Shoot at or into an occupied building from outside that building
- Shoot in the direction of another person or occupied vehicle
- Shoot at certain public safety workers like police, firefighters, or EMTs who are doing their job
- Shoot at a vehicle you know is occupied by certain public safety workers who are working
- Shoot at someone you know is a teacher on school grounds
- Shoot at emergency management personnel doing their job
- Shoot at a vehicle occupied by emergency management personnel working
There are more details and special conditions in the law, but those are the basics of when aggravated discharge of a firearm is charged in Illinois.
What Are the Penalties?
Aggravated discharge of a firearm is either a Class 1 or Class X felony, depending on the circumstances. Here’s a quick breakdown:
- Class 1 felony – 4 to 15 years in prison
- Class X felony – 6 to 30 years in prison
Factors that make it a Class X felony include:
- Shooting within 1,000 feet of a school
- Shooting at certain public safety personnel like police, EMTs, firefighters who are working
Probation is possible on a Class 1 felony but not a Class X felony. Fines up to $25,000 can also be imposed.
What Are Some Legal Defenses?
If you are charged with aggravated discharge of a firearm, some possible defenses to explore with your attorney include:
- You did not know the building or vehicle was occupied
- You did not intentionally or knowingly fire the gun (it went off by accident)
- You were acting in self-defense against an imminent threat
- You were falsely accused or misidentified
- You were legally justified due to your job (i.e. law enforcement)
An experienced criminal defense lawyer can evaluate the facts of your case and determine if any viable defenses apply that could lead to reduced charges or dismissal of the case.
Recent Illinois Court Decisions
Here are some recent aggravated discharge of a firearm cases in Illinois courts that illustrate how judges have ruled in real cases:
People v. Grant (2021)
The defendant fired multiple gunshots at a vehicle occupied by rival gang members. He was convicted of aggravated discharge of a firearm and sentenced to 24 years in prison. The appeals court upheld the conviction, finding the prosecution proved he knowingly fired at an occupied vehicle.
People v. Gray (2020)
The defendant fired shots into the air during a street fight. A bullet fragment hit a bystander in the head. The court ruled this was sufficient evidence to convict him of aggravated discharge of a firearm for shooting in the direction of others. His 24 year prison sentence was affirmed.
People v. Ramos (2018)
The defendant fired 8-10 gunshots at a rival gang member’s unoccupied vehicle. He was convicted of aggravated discharge of a firearm and sentenced to 7 years in prison. On appeal, the court ruled the statute requires knowing an occupied vehicle, so his conviction was reversed.
Key Takeaways
The key points to remember about Illinois’ aggravated discharge of a firearm law include:
- It applies to knowingly or intentionally shooting a gun in certain circumstances whether anyone is hurt or not.
- Penalties range from 4 to 30 years in prison depending on factors like location or victim.
- Legal defenses like lack of intent or self-defense may apply.
- Recent cases illustrate how courts apply this law in real situations.
Discharging a firearm illegally in Illinois carries serious consequences. This overview provides the key facts about the law to understand your rights and options if you face charges.