What is Aggravated Discharge of a Firearm 720 ILCS 5/24-1.2?

Generally, if you point a gun and shoot at 1) a person, 2) a group of people, 3) an occupied car, or 4) an occupied building, then the State can charge you with this offense. In Illinois, there are actually 9 different ways to commit the offense of Aggravated Discharge of a Firearm. The law is found at 720 ILCS 5/24-1.2. It states that a person commits this offense “when he or she knowingly or intentionally:
(1) Discharges a firearm at or into a building he or she knows or reasonably should know to be occupied and the firearm is discharged from a place or position outside that building;
(2) Discharges a firearm in the direction of another person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person;
(3) Discharges a firearm in the direction of a person he or she knows to be a peace officer, a community policing volunteer, a correctional institution employee, or a fireman while the officer, volunteer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, volunteer, employee or fireman from performing his or her official duties, or in retaliation for the officer, volunteer, employee or fireman performing his or her official duties;
(4) Discharges a firearm in the direction of a vehicle he or she knows to be occupied by a peace officer, a person summoned or directed by a peace officer, a correctional institution employee or a fireman while the officer, employee or fireman is engaged in the execution of any of his or her official duties, or to prevent the officer, employee or fireman from performing his or her official duties, or in retaliation for the officer, employee or fireman performing his or her official duties;
(5) Discharges a firearm in the direction of a person he or she knows to be emergency medical services personnel who is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
(6) Discharges a firearm in the direction of a vehicle he or she knows to be occupied by emergency medical services personnel while the emergency medical services personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties;
(7) Discharges a firearm in the direction of a person he or she knows to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
(8) Discharges a firearm in the direction of a person he or she knows to be an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties; or
(9) Discharges a firearm in the direction of a vehicle he or she knows to be occupied by an emergency management worker while the emergency management worker is engaged in the execution of any of his or her official duties, or to prevent the emergency management worker from performing his or her official duties, or in retaliation for the emergency management worker performing his or her official duties.”

Can the State charge me with Agg. Discharge, if someone else shot the gun?

Yes! You could be charged with Aggravated Discharge of a Firearm if you are legally responsible for the actions of the other person who actually did the shooting. “A person is legally responsible for the conduct of another person when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of an offense, he knowingly solicits, aids, abets, agrees to aid, or attempts to aid the other person in the planning or commission of an offense.” 720 ILCS 5/5-2(c).

Here’s an example: I call you up because I want to tag the ops. You pick me up in your car, and we head over to their neighborhood. I see the group that we don’t like, and as you drive by the block, I shoot at that group from the passenger side of your car. In this scenario, you as the driver could be held legally responsible for my shooting from your passenger seat.

What if I intended to shoot one person, and another person got shot?

The State can still charge you for the person who actually got shot. “Under the doctrine of transferred intent, one who does an unlawful act is liable for the natural and probable consequences of such act.” That was the exact scenario that happened in People v. Hickman, 9 Ill. App. 3d 39. The defendant in that case was trying to shoot his brother, but actually shot his ex-wife.

How is Aggravated Discharge of a Firearm Different from Aggravated Battery with a Firearm?

Often times, Aggravated Discharge of a Firearm is charged at the same time as Aggravated Battery with a Firearm. That’s because the facts that lead to being charged with Agg. Discharge, also fit in the charge of Agg. Batt. In both scenarios, you have pointed a gun at another person and have fired the weapon. There are two major differences between the charges:

1) Was someone shot? You can be charged with Aggravated Discharge of a Firearm even though no one was shot. Aggravated battery, however, requires someone to have been shot (that’s the battery part of aggravated battery).

2) The sentencing range. Aggravated Battery with a firearm has a harsher penalty across the board than Aggravated Discharge. For example, Aggravated Discharge of a Firearm is a probationable class 1 felony in some cases, but Aggravated Battery with a Firearm is always a class X felony. If the victim is a police officer, Aggravated Discharge has a sentencing range of 10 to 45 years IDOC while Aggravated Battery with a Firearm would have a sentencing range of 15 to 60 years IDOC.

Do I need a lawyer if I am charged with Aggravated Discharge of a Firearm?

Yes, because you should be represented by an attorney on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. Especially with offenses like this one that involves a mandatory jail sentence.

Is Aggravated Discharge of a Firearm a Misdemeanor or Felony?

Aggravated Discharge of a Firearm is a Felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/24-1.2(b).

What level of felony is Aggravated Discharge of a Firearm?

Generally, Aggravated Discharge of a Firearm is a Class 1 Felony under subsections (1) and (2). But if you were within 1000 feet of a school, or violated subsections (a)(3) through (a)(9), then Aggravated Discharge of a Firearm is a Class X felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 720 ILCS 5/24-1.2(b).

Can I go to prison? What Is the Sentencing Range for Aggravated Discharge of a Firearm?

Since Aggravated Discharge of a Firearm is a Class 1 felony, its sentencing range is 4 to 15 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-30(a). If the shooting was within 1000 feet of a school, then Aggravated Discharge of a Firearm is a Class X felony with a sentencing range of 6 to 30 years in the Illinois Department of Corrections. If the person that you shot at was (1) a cop, (2) a firefighter, (3) an EMT, or (4) a school employee on school grounds, then you would have the special sentencing range of 10 to 45 years in the Illinois Department of Corrections. 720 ILCS 5/24-1.2(b).

Can I get Probation on an Aggravated Discharge of a Firearm Charge? When Is Aggravated Discharge of a Firearm Non-probationable? When Is Prison Mandatory for Aggravated Discharge of a Firearm?

Surprisingly, you CAN receive probation on an Agg. Discharge! If you are charged with the Class 1 felony of Aggravated Discharge of a Firearm, you could be sentenced to probation for up to 4 years. 730 ILCS 5/5-4.5-30(d). Not only are you eligible for probation, but Illinois law recommends it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a). However, if you are charged with the Class X felony of Aggravated Discharge of a Firearm, then you are not eligible for probation. 730 ILCS 5/5-4.5-25(d).

Can I get Supervision on an Aggravated Discharge of a Firearm Charge?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

What Is the Extended Sentencing Range for an Aggravated Discharge of a Firearm 730 ILCS 5/5-4.5-30(a)?

Under Illinois’ extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-30(a). That means that the sentencing range for a Class 1 Aggravated Discharge of a Firearm would be 4 to 30 years in the Illinois Department of Corrections if you have a prior class 1 conviction.

What percentage of your prison sentence do you serve for an Aggravated Discharge of a Firearm 730 ILCS 5/3-6-3?

Aggravated Discharge of a Firearm is an 85% sentence. Illinois’ Truth-In-Sentencing law states: “that a prisoner serving a sentence for aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2)(iv). So, if you received an imprisonment term of 10 year in the Illinois Department of Corrections, the most you would actually serve is 8.5 years assuming you do not receive any other credits.

How Long Is the Mandatory Supervised Release or Parole Period for an Aggravated Discharge of a Firearm?

The Mandatory Supervised Release period is 2 years for someone sentenced to the Illinois Department of Corrections on a class 1 felony of Aggravated Discharge of a Firearm. 730 ILCS 5/5-8-1(a)(7)(B). If you were charged with the Class X felony version, then your mandatory supervised release period is 3 years. 730 ILCS 5/5-8-1(a)(7)(A).

How to Keep an Aggravated Discharge of a Firearm Criminal Conviction off Your Record?

There are many ways to keep an Aggravated Discharge of a Firearm conviction off your criminal record. Here are some of those ways:

How to Win a case at Trial?

“It was not me” defense. In many cases involving drive-by shootings, the number one question is “who did it?” The people who are victims of drive by shootings are generally not expecting the crime to happen. The crime occurs so quickly, the whole thing happens on the move, the loud shots are going off, and people are scrambling around and ducking for cover. These circumstances make it very difficult to do a positive identification of the shooter. If the defendant does not provide a confession to the police, and the shooter’s identity is not captured on video, then the “it wasn’t me” defense may be a very good defense.

Self defense. The 2nd Amendment of the Constitution guarantees your right to bear arms, and implicit in that right is to use that gun in self-defense. The law of self-defense states: “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” 720 ILCS 5/7-1(a).

Here are the elements to a proper self-defense claim: (1) unlawful force threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of the force applied, and (6) the beliefs of the person threatened were objectively reasonable. People v. Lee, 213 Ill. 2d 218, 225 (2004). Once a self-defense claim is properly raised, the State has the burden of
proving beyond a reasonable doubt that the defendant did not act in self-defense. People v. Lee, 213 Ill. 2d at 224.

The law in Illinois does not require you to run away. A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor. See People v. Hughes, 46 Ill.App.3d 490 (1st Dist.1977).

If you were the initial aggressor, the law does not allow the victim’s family or friends to come back at you and get revenge. A person who initially provokes the use of force against himself is justified in the use of force only if the force used against him is so great that he reasonably believes he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape the danger other than the use of force which is likely to cause death or great bodily harm to the other person; or in good faith, he withdraws from physical contact with the other person and indicates clearly to the other person that he desires to withdraw and terminate the use of force, but the other person continues or resumes the use of force. 720 ILCS 5/7-4(c).

How to Win the case at Motion?

If there were some issues with the recovery of evidence in your case, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. This could result in a dismissal of your case.

Pro Tip: Errors are sometimes made when a criminal case is presented to the grand jury. Some errors are fatal to the prosecution of the case if the error impacted your due process rights. Speak with your attorney about any grand jury errors.

How to avoid a conviction by a plea agreement? What is a Plea Agreement (Reduction on the Charge)?

A reduction from an aggravated discharge of a firearm to a reckless discharge of a firearm is a very good disposition because your sentencing range will be on a class 4 felony instead of a class 1 or X felony. Worst case scenario on a class 4 felony is 3 years IDOC whereas the best prison sentence on a class 1 is 4 years IDOC. Aggravated Discharge of a Firearm can also be plead down to Aggravated Unlawful Use of a Weapon, Intimidation, Unlawful Restraint, Criminal Damage to Property, Aggravated Assault with a Firearm and Possession of a Stolen Motor Vehicle (if dealing with the driver in a drive-by shooting with a stolen car).

Other Violent Crimes Guides

If you are looking for information about Aggravated Domestic Battery cases, check out our guide to Aggravated Domestic Battery cases in Illinois.

If you are looking for information about Criminal Sexual Assault, check out our guide to Criminal Sexual Assault cases in Illinois.

If you are looking for information about Unlawful Use of a Weapon or Aggravated Unlawful Use of a Weapon, check out our guide to Unlawful Use of a Weapon cases in Illinois.

If you are looking for information about Armed Violence, check out our guide to Armed Violence cases in Illinois.

Hire Illinois Aggravated Discharge of a Firearm Criminal Defense Lawyer Clyde Guilamo

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