AGGRAVATED DISCHARGE OF A FIREARM

The relevant Illinois statute may be seen at https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1.2

Definition and Penalties:

• Under 720 ILCS 5/24-1.2 aggravated discharge of a firearm is the charge that you consciously and deliberately fired a weapon in the direction of someone else, or if you fire at a building or vehicle you know might have someone in it.
• No one even needs to actually be in the vehicle or building; all the prosecutor needs to show is that you had reason to believe it might be occupied, that you should have known that someone could have been in it. You do not even have to be trying to hurt or scare anyone. 
• If you use an illegal silencer when firing a gun of any kind, that automatically constitutes aggravated discharge even if nobody else was around, and that will get you charged with this serious felony. 
•  In these circumstances aggravated discharge is a Class 1 felony, and if convicted you will get four to fifteen years in state prison (fifteen to thirty years if an extended sentence), and two years of mandatory supervised parole, and a fine up to $25,000. If not incarcerated, you will face up to four years of probation.
•  If the aggravated discharge occurred as you intentionally shot the weapon at a peace officer, policing volunteer, corrections officer, emergency medical or management worker, a teacher, or fireman while they were performing their public duty or if you were trying to prevent such performance, the penalties are those of a Class X felony. A Class X felony here carries a special mandatory prison term of ten to forty-five years, with no probation possible, and a fine up to $25,000. 
•  This is also the case if you fire at a vehicle you should have known some of these officials or workers were occupying or using. 
•  Aggravated discharge is a charge that prosecutors often bring simultaneously with other charges such as attempted murder since that crime is often done by discharging a firearm. They can often either get you for both or they can plea bargain you down to only aggravated discharge of a firearm. If you do discharge a gun in the manner described above, and you hit or injure someone, you will probably be charged with attempted murder. 
•  If you commit aggravated discharge at a school, at a school activity, or on school property or within 1000 feet of such property, you will also be charged with a Class X felony with a sentence of six to thirty years’ incarceration (thirty to sixty years if an extended sentence) with no probation possible and a fine of up to $25,000. 
•  If you are arrested for aggravated discharge remember how serious this felony offense is, and do not say anything to police or anyone else besides your attorney.