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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Aggravated Discharge of Firearm
AGGRAVATED DISCHARGE OF A FIREARM CHARGES IN CHICAGO, ILLINOIS
Aggravated discharge of a firearm is one of the most serious and high-stakes gun offenses in Illinois. In Chicago—where gun violence is a top priority for law enforcement—these cases are prosecuted aggressively, often with mandatory prison time and no eligibility for probation. If you or someone you love has been charged, you need an experienced and strategic defense attorney on your side immediately.
What Is Aggravated Discharge of a Firearm in Illinois?
Under 720 ILCS 5/24-1.2, aggravated discharge of a firearm occurs when a person knowingly or intentionally fires a gun in a way that creates a substantial risk of bodily harm or death to another individual. Prosecutors do not need to show that anyone was hit or injured—the act of firing in a dangerous direction or location is enough to trigger felony charges.
Common scenarios include:
Discharging at or into an occupied building or vehicle
Firing into a structure or car that you know—or reasonably should know—is occupied.
Discharging in the direction of another person
This includes firing “toward” someone even if the shot does not make contact.
Discharging in the direction of a peace officer or emergency personnel
Firing at or toward a police officer, firefighter, or other first responder performing official duties dramatically elevates the charge.
These allegations are treated as violent offenses and carry some of the strictest penalties in the Illinois Criminal Code.
Penalties for Aggravated Discharge of a Firearm in Chicago
Because aggravated discharge involves the intentional firing of a gun, Illinois law mandates harsh consequences.
Class 1 Felony (Most Common)
• 4 to 15 years in prison • Fines up to $25,000 • No probation available—a conviction means mandatory prison time
Class X Felony (If Directed at Police or Emergency Personnel)
• 6 to 30 years in prison • No probation • Extended-term sentencing possible in certain cases
Additional Consequences
• Permanent felony conviction • Loss of firearm rights • Lifelong barriers to employment, housing, and licensing • Immigration consequences for non-citizens
Judges have no authority to sentence a person to probation for aggravated discharge—prison is mandatory upon conviction. This makes strong, early legal representation essential.
Aggravated Discharge in Chicago: Why These Cases Are Treated So Harshly
Chicago law enforcement and prosecutors prioritize gun offenses more than almost any other category of crime. With public pressure to curb shootings and protect first responders, the Cook County State’s Attorney aggressively pursues aggravated discharge cases—often seeking the maximum penalties allowed by law.
This means:
• Detectives typically work closely with prosecutors from the earliest stages • Gunshot-detection technology, cameras, and digital forensics (phones/GPS) are routinely used • Witness pressure is common in neighborhoods affected by gun violence • Prosecutors often argue for extended-term sentences
Because of this, a defense attorney must be ready to challenge every detail of the State’s evidence.
Defending Against Aggravated Discharge of a Firearm Charges
Aggravated discharge cases require careful investigation, strategic planning, and immediate action. Possible defense strategies include:
Lack of Intent
The State must prove you knowingly fired in a manner that created danger. Accidental discharge, firearm malfunction, or unclear circumstances may undermine the charge.
Self-Defense or Defense of Others
If you reasonably believed that force—including deadly force—was necessary to prevent imminent harm, Illinois law allows for a self-defense argument.
Mistaken Identity
Gunfire scenes are chaotic. Eyewitnesses can be unreliable, nighttime conditions may obscure visibility, and surveillance footage may be unclear.
Insufficient Evidence
Ballistics, shell casings, gunshot residue, and video evidence may not conclusively link you to the discharge.
Constitutional Violations
If police searched your home, car, or digital devices without a proper warrant—or coerced statements—the evidence may be suppressed.
In a case where prison time is mandatory, every piece of evidence must be scrutinized with precision and urgency.
Why You Need Andrew M. Weisberg as Your Chicago Defense Attorney
For a charge this serious, you need a lawyer who knows how prosecutors think—and how to challenge them effectively. Andrew M. Weisberg, a former Cook County prosecutor, has extensive experience handling complex firearm and violent-crime cases from both sides of the courtroom.
Clients trust Andrew because he offers:
• Deep knowledge of Illinois gun laws and sentencing rules • Aggressive, strategic defense tailored to the exact facts of your case • Experience with ballistics, forensic evidence, and digital-evidence challenges • Direct communication and personal attention—no associates, no handoffs • A calm, steady advocate during the most overwhelming time of your life
Andrew understands that an aggravated discharge charge threatens your freedom, your future, and your family. He works relentlessly to achieve the best possible outcome in every case.
Frequently Asked Questions About Aggravated Discharge of a Firearm in Illinois
What is considered aggravated discharge of a firearm in Illinois?
Under 720 ILCS 5/24-1.2, aggravated discharge occurs when someone knowingly fires a gun in a manner that creates a substantial risk of harm to another person—such as firing in the direction of a person, at an occupied vehicle or building, or in the direction of a police officer or emergency worker.
Is aggravated discharge of a firearm a mandatory-prison offense?
Yes. Aggravated discharge is a mandatory-prison felony. Most cases are charged as a Class 1 felony with a sentencing range of 4–15 years, and probation is not permitted. If the firearm is discharged toward a police officer, firefighter, or other protected personnel, the charge becomes a Class X felony with a sentencing range of 6–30 years.
Can aggravated discharge charges ever be reduced or dismissed?
Yes. These cases often depend heavily on eyewitness identification, video evidence, police reports, and ballistics interpretation. If there are problems with the investigation—such as unreliable identifications, lack of forensic links, or insufficient proof that the defendant knowingly fired in a dangerous direction—charges may be reduced or dismissed through negotiation or motion practice.
Does the State have to prove I fired “at” someone?
No. The law allows prosecutors to charge aggravated discharge if you allegedly fired in the direction of a person or occupied structure, even if no one was hit and even if you did not intend to strike anyone. This broad definition is why these cases require a precise and aggressive defense.
What if the gun went off accidentally?
Illinois law requires proof that the discharge was knowing or intentional. Accidental firing—such as a weapon mishandling, mechanical malfunction, or negligent discharge—does not meet the legal standard for aggravated discharge and can be a strong defense depending on the evidence.
Are there defenses involving self-defense?
Yes. If the discharge occurred because you reasonably believed you needed to defend yourself or others from imminent harm, self-defense may apply. This defense can significantly alter the outcome, especially in circumstances involving threats, weapons, or dangerous environments.
Can aggravated discharge charges be based on witness statements alone?
They can. Prosecutors sometimes rely on statements from neighbors, bystanders, or police officers who claim to have heard or seen shots fired. These statements may be unreliable due to distance, darkness, stress, or mistaken assumptions. A strong defense requires close analysis of every witness’s vantage point, consistency, and credibility.
Will I lose my FOID or CCL if charged?
Yes. An aggravated discharge arrest or charge typically results in immediate revocation or suspension of your FOID card and Concealed Carry License. A conviction will permanently prevent you from legally possessing firearms in Illinois.
Is ballistics or gunshot residue testing always required?
No. Many aggravated discharge cases proceed without scientific testing. However, when ballistics, shell casings, trajectory analysis, or gunshot residue are involved, these results must be independently evaluated. Forensic testing can be flawed, incomplete, or misinterpreted.
How important is early legal intervention?
Critical. Early involvement allows your attorney to obtain 911 recordings, surveillance footage, witness interviews, body-camera videos, and shell casing evidence before they disappear or degrade. Many aggravated discharge cases turn on evidence gathered in the first hours or days.
Contact Andrew M. Weisberg Today
If you’ve been charged with aggravated discharge of a firearm in Chicago, you need powerful legal representation immediately. Andrew M. Weisberg is available 24/7 to answer your call and begin protecting your rights.
Phone: Call (773) 908-9811 anytime Online: Submit the Case Review form on our website for a prompt, confidential response
Your future is on the line. Let Andrew M. Weisberg put his experience to work for you and build the strongest defense possible.
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