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What class felony is an aggravated discharge of a firearm?

Chicago, IL |
Filed under: Felony crime

Trying to see if this is a felony that can be expunged?

Attorney Answers 2

Posted

Either Class 1 felony or Class X felony. The statute describes the circumstances. This can't be expunged.

(720 ILCS 5/24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm when he knowingly or intentionally:
(1) Discharges a firearm at or into a building he knows 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 knows to be occupied;
(3) Discharges a firearm in the direction of a person he knows to be 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 official duties, or to prevent the officer, employee or fireman from performing his official duties, or in retaliation for the officer, employee or fireman performing his official duties;
(4) Discharges a firearm in the direction of a vehicle he knows to be occupied by a peace officer, a personsummoned 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 official duties, or to prevent the
officer, employee or fireman from performing his official duties, or in retaliation for the officer, employee or
fireman performing his official duties;
(5) Discharges a firearm in the direction of a person he knows to be an emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other
governmental unit, while the emergency medical technician - ambulance, emergency medical technician
- intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance
or first aid personnel is engaged in the execution of any of his official duties, or to prevent the
emergency medical technician - ambulance, emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from
performing his official duties, or in retaliation for the emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid personnel performing his official duties; or
(6) Discharges a firearm in the direction of a vehicle he knows to be occupied by an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, while the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel is engaged in the execution of any of his official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties.
(b) A violation of subsection (a) (1) or subsection (a) (2) of this Section is a Class 1 felony. A violation of subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this Section 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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Posted

In addition, if the court finds that the conduct resulted in "great bodily harm," the defendant will be required to serve 85% of his prison sentence, instead of "day-for-day." Even if the prosecution offers a reduced charge, it would still likely be to a felony offense. No felony convictions can be expunged in the State of Illinois.

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