Is Aggravated Discharge of a Firearm a Felony?

 Posted on May 29, 2025 in Felonies & Misdemeanors

A Chicago man was recently charged with aggravated discharge of a firearm and trespassing.  The man allegedly entered a restricted underground CTA area near a Red Line Station, then took out a gun and fired shots upward through a grate at people walking on the sidewalk. While no one was injured when the shots were fired, the 24-year-old now faces serious charges, with serious penalties if convicted.

If you are facing a weapons charge like aggravated discharge of a firearm, you must take these charges very seriously. Weapons charges are aggressively prosecuted in the state and have severe penalties. Speaking to an experienced Rolling Meadows, IL criminal defense attorney can help ensure you receive a vigorous defense.

What Is Aggravated Discharge of a Weapon?

Under Illinois statute, aggravated discharge of a weapon applies when a person fires a weapon at a person, a vehicle, or a building. The charges do not depend on whether injuries result when the shots are fired. However, a crucial element of aggravated discharge of a weapon involves intentional actions and targeting specific individuals.

The lesser crime of reckless discharge of a weapon involves the careless handling of a firearm.  Aggravated discharge of a weapon is classified as a Class 1 felony unless the shooting involves emergency personnel, firefighters, or law enforcement officers who are performing their normal duties. In this situation, the charges will be increased to a Class X felony.

What Are the Penalties for Aggravated Discharge of a Weapon?

As a Class 1 felony, a conviction for aggravated discharge of a weapon has a potential sentence of from four to 15 years in prison, fines, and restitution. A Class X felony conviction can result in six to 30 years in prison with no possibility of probation and maximum fines of up to $100,000. The collateral long-term consequences of a felony conviction can also be severe.

A felony conviction on a person’s criminal record can adversely affect employment, housing, and the right to own a firearm. A person seeking a professional license will likely be denied, and those who already hold a professional license may have it revoked. Individuals who want to attend college will find that federal student loans are not available to those with a felony conviction.

Avoiding a Felony Conviction

Anyone facing aggravated discharge of a firearm should focus on avoiding a felony conviction. This could potentially be accomplished through a plea deal with the prosecutor made by the defendant’s criminal defense lawyer. The plea deal could involve lowering the charges to a misdemeanor offense in return for a guilty plea.

Of course, a plea deal will depend on many different factors, including whether the defendant has a criminal history, whether anyone was injured during the discharge of the firearm, and how strong the prosecutor’s case is.    

What Are the Most Common Defenses to Aggravated Discharge of a Firearm?

Since the crime of aggravated discharge of a weapon involves the element of intent, proving that the discharge of the weapon was accidental rather than deliberate can result in the charges being lowered to reckless discharge of a weapon or dropped entirely. Other potential defenses include:

• The prosecutor does not have sufficient evidence to definitively prove the crime.
• The defendant was acting in self-defense.
• There were constitutional violations made during the arrest, search, or interrogation.

Contact an Arlington Heights, IL Defense Lawyer

If you are facing charges of aggravated discharge of a weapon, it is important that you speak to a knowledgeable Rolling Meadows weapon crimes attorney from Scott F. Anderson, Attorney at Law. Attorney Anderson has more than 25 years of experience practicing criminal law, both as a prosecutor and now as a criminal defense attorney. Because of this extensive experience, Attorney Anderson knows what you are up against when charged with a criminal offense. To schedule your free consultation, call 847-253-3400.