How Serious is Aggravated Discharge of a Weapon in Illinois?

 Posted on December 13, 2024 in Gun Crimes

Nine months after bullets in a drive-by shooting in Joliet struck a home in December 2023, the alleged suspect in the shooting was arrested. A 19-year-old was taken to the Will County Jail on charges of aggravated discharge of a weapon, defacing a gun, and possession of a gun without a FOID card.

Spent shell casings were recovered from the street at the time of the shooting, and later the same day, the vehicle believed to be used in the shooting was located. While the suspect arrested was originally identified as a person of interest at the time of the shooting, no arrest warrant was obtained until September 2024.

Gun charges in the state of Illinois can have very harsh penalties. If you are facing any type of Illinois weapons charge, speaking to an experienced Joliet, IL criminal defense attorney can be beneficial.

What Are the Most Common Gun Charges in Illinois?

The most common gun charges in the state include:

•  Unlawful use of a weapon
•  Aggravated discharge of a firearm
• Reckless discharge of a firearm
•  Possession of a firearm without a valid Firearm Owners Identification (FOID) card

Unlawful use of a weapon can be charged when a person possesses or uses an object, including a firearm, with the intent to cause physical harm to another.  Possession of a firearm without a valid FOID card targets anyone who is in possession of a firearm without a FOID card.

A person who knowingly discharges a firearm in the direction of another person, vehicle, or building can be charged with aggravated discharge of a firearm. Reckless discharge of a firearm can be charged when an individual discharges a firearm in a manner that endangers another’s physical safety.

What Are the Penalties for Gun Charges in Illinois?

Aggravated discharge of a firearm is a Class 1 felony that can result in a maximum fine of $25,000 and incarceration from four to 15 years upon conviction. Reckless discharge of a firearm is a Class 4 felony that can result in a fine as large as $25,000 and incarceration from one to three years upon conviction.

Reckless discharge of a firearm becomes a much more serious crime when it occurs within 1,000 feet of a school. In this case, the offense is a Class X felony, with penalties upon conviction of a fine as large as $25,000 and up to 50 years in prison with a mandatory minimum of ten years.

Possession of a firearm without a valid FOID card is a Class A misdemeanor that can result in a maximum fine of $2,500 and a jail sentence of up to a year. If the person charged has a prior felony conviction, unlawful possession of a weapon is a Class 2 felony with penalties ranging from three to seven years in state prison and a maximum fine of $25,000. Unlawful use of a weapon is also a Class A misdemeanor with a maximum fine of $2,500 and a jail sentence of up to one year.

What Are the Typical Defenses Used for Gun Charges?

While every case is unique in some way, and a criminal defense attorney will tailor the defense to the defendant, the circumstances, and the evidence, the most common gun charge defenses include:

•  Questioning the legality of the search and seizure
• Disputing the chain of custody
• Arguing that the defendant had no knowledge of the gun’s existence
• Arguing there were violations of the defendant’s Constitutional rights

Contact a Will County, IL Gun Charges Lawyer

If you are facing gun charges in the state of Illinois, it is important that you take the charges very seriously. Aside from a conviction's immediate penalties, there can be long-term consequences of a gun charge conviction. A Joliet, IL gun charges attorney can build a strong defense on your behalf. At Law Office of Eric J. Blatti, P.C., our attorney is local to the Joliet area, has experience working as a public defender, and has positive relationships with local judges and attorneys. Call 815-744-2500 to schedule your free consultation.