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My husband has been charged with aggravated assault/discharge of a firearm. Im confused as to what class this will fall under.

Chicago, IL |
Filed under: Criminal defense

I dont know whether it would be considered class x or class 4 and just really want some info about the different classes.

Attorney Answers 4


  1. All you really need to know that this is a serious charge, and you should hire the best attorney that you guys can afford.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  2. Aggravated Discharge of a Firearm can be either a Class 1, Class X, or a "super" X., depending on what, or who, he is accused of shootinbg at. The Agg Assault is a Class 4 (or Class 3, again depending upon the specific charge) but is a "lesser included offense" of the Agg Discharge. He needs an experienced criminal defense attorney. Most of us will provide a free consultation. www.galivanlaw.net


  3. Regardless of whether the above criminal offense is charged as the initial Class 4 Felony in Illinois or a Class X Felony as the most serious crime if there are any aggravating circumstances, any of the felony charges carry a mandatory jail sentence. It is imperative for your husband to retain an experienced criminal defense attorney to properly represent his rights in court.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  4. Aggravated Discharge of a Firearm under Illinois law 720 ILCS 5/24-1.2
    A person commits aggravated discharge of a firearm when he or she knowingly or intentionally 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 or 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. A violation of those offenses is a Class 1 felony punishable by 4 to 15 years in the State penitentiary and a fine up to $25,000.
    If the offense is committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, regardless of the time of day or time of year that the offense was committed is a Class X felony punishable by 6 to 30 years in a State penitentiary and a fine up to $25,000.
    A person can also commit aggravated discharge of a firearm when he or she knowingly or intentionally
    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.
    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.
    Discharges a firearm in the direction of a person, or the direction of a vehicle he knows to be occupied by a person, he or she knows to be an emergency medical technician, ambulance, emergency medical technician intermediate, paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while that person is engaged in the execution of any of his or her official duties, or to prevent that person from performing his or her official duties.
    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.
    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.
    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.
    A violation of these laws is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.

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