The Second Amendment claim is alive, however, in several federal lawsuits filed in southern Illinois, later consolidated and awaiting appeals court action. There are two major differences between the charges: 1) Was someone shot? The most popular gun targeted is the AR-15 rifle, which can be found in at least 25 million American households, according to 2021 research by Georgetown University. Discharge, if someone else shot the gun? 730 ILCS 5/5-4.5-30(a). Court supervision is not a possible outcome in felony cases. Some errors are fatal to the prosecution of the case if the error impacted your due process rights. SPAC | HB 2882 Truth-In-sentence and Sentence If you were the initial aggressor, the law does not allow the victims family or friends to come back at you and get revenge. Attorney Clyde Guilamo is a former prosecutor with over 10 years of criminal law experience, and he is ready to help you get to a better tomorrow. Can the State charge me with Agg. All of these Truth-in-Sentencing sentences are adding up to the State incurring well over a quarter of a billion dollars per year in added liabilities. The law is complex, but here is a comprehensive guide about violations of the Illinois Aggravated Discharge of a Firearm Statute (720 ILCS 5/24-1.2): Generally, if you point a gun and shoot at 1) a person, 2) a group of people, 3) an occupied car, or 4) an occupied building, then the State can charge you with this offense. (a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered If you are charged with the Class 1 felony of Aggravated Discharge of a Firearm, you could be sentenced to probation for up to 4 years. References to any other city or state in any materials or anywhere on this website do not mean or otherwise indicate that the firm maintains an office in that location or has lawyers physically located in that city or state. Friday, December 9, 2022. Aggravated Discharge of a Firearm is a Felony. Webviolation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, the opportunity to present an oral or written statement, as guaranteed by Article If the shooting Thelaw bansdozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. The defendant in that case was trying to shoot his brother, but actually shot his ex-wife. Thus, Truth-in-Sentencing nearly tripled the costs to Illinois taxpayers, adding $1,624,680 to the tab for this one sentence. For example, Aggravated Discharge of a Firearm is a probationable class 1 felony in some cases, but Aggravated Battery with a Firearm is always a class X felony. Its too bad because the consequences for defendants can be disastrous. Bolstered by the2022 U.S. Supreme Court casethat determined Americans have a right to carry weapons in public for self-defense, Caulkins and other gun owners say the semi-automatic ban clearly violates the right to possess guns. WebHouse Bill 4123 amends the Unified Code of Corrections to reduce truth-in-sentencing (TIS) restrictions as follows: (1) those convicted of first degree murder could earn sentence September 15, 2020 - Illinois General Assembly The Unified Code of Surprisingly, you CAN receive probation on an Agg. A person who initially provokes the use of force against himself is justified in the use of force only if the force used against him is so great that he reasonably believes he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape the danger other than the use of force which is likely to cause death or great bodily harm to the other person; or in good faith, he withdraws from physical contact with the other person and indicates clearly to the other person that he desires to withdraw and terminate the use of force, but the other person continues or resumes the use of force. They purposefully neglect to account for pension contributions, employee benefits, health care contributions for both employees and retirees, capital costs, and statewide administration costs. A couple of years ago I compiled a preliminary report concerning the impact of Truth-in-Sentencing legislation using rudimentary calculations and the limited statistics available on the internet or from the Illinois Department of Corrections (IDOC). The information provided on this website is for informational purposes only and does not constitute legal advice. As for the $17,000 figure, or even the nearly $25,000 figure that I used from the IDOC itself, these are ridiculously low estimates. What Is the Sentencing Range for Aggravated Discharge of a Firearm? When Is Prison Mandatory for Aggravated Discharge of a Firearm? Copyright 2023 - Law Office of Clyde Guilamo, LLC, 1 East Erie St. Suite 525-4591, Chicago, IL, 60611, Interfering with the Reporting of Domestic Violence, Unlawful Possession of a Weapon by a Felon, Non-consensual Dissemination of Private Sexual Images, 3 Property Tax Tips for Selling Your Home, Staying Safe During Property Tax Reassessment Year, Why Your Property Tax Bill Keeps Going Up, Possession of a Stolen Motor Vehicle Cases. Can I get Supervision on an Aggravated Discharge of a Firearm Charge? The Illinois Supreme Court on Friday upheld the states assault-style weapons ban in a 4-3 ruling after months of legal challenges sought to dismantle the law. WebSec. It is sometimes called Agg. However, if you are charged with the Class X felony of Aggravated Discharge of a Firearm, then you are not eligible for probation. Following the passage of the federal TIS grant program, Illinois formed a Truth-in-Sentencing Commission to examine Illinoisu0019 current sentencing policies SPRINGFIELD, Ill. The Illinois Supreme Court has upheld the states ban on the sale or possession of the type of semi - automatic weapons used in hundreds of mass 730 ILCS 5/5-5-3.2 - Illinois General Assembly Discharge! ICJIA | FINAL REPORT The Impact of Illinois Truth in Sentencing Illinois Gov. Prior to the current Truth-in-Sentencing laws 1998 Each year over 300 criminal defendants in Illinois are sentenced for murder. My estimates were extremely conservative. Aggravated Discharge of a Firearm 720 ILCS 5/24-1.2 - Law Office So, before Truth-in-Sentencing, a 50-year murder sentence cost taxpayers $841,896, but after Truth-in-Sentencing it cost taxpayers $2,466,576. Isnt it also about time we consider if there are more effective and cost-efficient ways to spend that money to reduce crime? A felony is a crime that is punishable by more than 1 year of imprisonment. Every year that Truth-in-Sentencing remains law without action to adjust, reform, or repeal it we add another quarter-billion dollars to the States credit card that well all be paying for years to come, many years to come. These local counsels are independent and are not employees of the firm. Suffice it to say, many more teachers, police officers, and firefighters could serve the community for that same funding. statutory changes are sometimes included in the statute database before they take effect. WebTruth-in-Sentencing in Illinois requires that nearly all violent offenders serve 85 to 100 percent of their criminal sentences. People v. Watson :: 2022 :: Illinois Appellate Court - Justia Law Have you or a loved one been charged with Aggravated Discharge of a Firearm in Illinois? If you have been charged with this crime, you need to call an experienced criminal defense attorney who specifically handles these types of cases. Batt. Illinois General Assembly - Illinois Compiled Statutes The crime occurs so quickly, the whole thing happens on the move, the loud shots are going off, and people are scrambling around and ducking for cover. 730 ILCS 5/5-8-4 - Illinois General Assembly WebIllinois' Truth-in-Sentencing law requires those convicted of first degree murder to serve 100 percent of the court-imposed sentence, while persons convicted of other specific Since Aggravated Discharge of a Firearm is aClass 1 felony, its sentencing range is 4 to 15 years in the Illinois Department of Corrections. Several other lawsuits against the ban filed in federal court were consolidated and are awaiting action in an appeals court. What Is the Extended Sentencing Range for an Aggravated Discharge of a Firearm 730 ILCS 5/5-4.5-30(a)? When Is Aggravated Discharge of a Firearm Non-probationable? It actually does the opposite by taking away funds that could have been used to employ police officers and teachers, fix dangerous bridges and roads, and rehabilitate the 95 to 97 percent of prisoners who will one day be released from prison back into American society. Merely reading this information does not create an attorney-client relationship. Pro Tip: Errors are sometimes made when a criminal case is presented to the grand jury. Reference Bureau, Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. If the shooting was within 1000 feet of a school, then Aggravated Discharge of a Firearm is a Class X felony with a sentencing range of 6 to 30 years in the Illinois Department of Corrections. Changes in Sentencing Laws in Illinois Criminal Justice Reform Bill How Long Is the Mandatory Supervised Release or Parole Period for an Aggravated Discharge of a Firearm? Call Violent Crimes Criminal Defense LawyerClyde Guilamo today for afree consultation. Learn about each prisons location, security level, educational and recreational offerings, and much more. If you were charged with the Class X felony version, then your mandatory supervised release period is 3 years. Democrats, who control all levers of the states legislative and executive branch, also have a 5-2 majority on the state Supreme Court. It is the same offense if you shoot at a car or building that you know is occupied by people. If you are looking for information about Criminal Sexual Assault, check out our guide to Criminal Sexual Assault cases in Illinois. What is Aggravated Discharge of a Firearm 720 ILCS 5/24-1.2? It states that a person commits this offense when he or she knowingly or intentionally: (1) 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; (2) 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; (3) 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; (4) 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; (5) Discharges a firearm in the direction of a person he or she knows to be emergency medical services personnel who is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties; (6) Discharges a firearm in the direction of a vehicle he or she knows to be occupied by emergency medical services personnel while the emergency medical services personnel is engaged in the execution of any of his or her official duties, or to prevent the emergency medical services personnel from performing his or her official duties, or in retaliation for the emergency medical services personnel performing his or her official duties; (7) 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; (8) 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; or (9) 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.. made to the current law. If there were some issues with the recovery of evidence in your case, a motion to suppress might be the solution. If you found this article helpful, then consider giving us a review on Google! So, prior to the Truth-in-Sentencing passage in Illinois, if a criminal defendant received a 50-year sentence for murder at age 18, he or she would have had to serve, on average, 44 percent of that sentence, or 22 years, due to the numerous types of good conduct time awarded then. 5-5-3.2. They were reached using a roughly $25,000 per year per person cost of incarceration figure, which is nearly $10,000 lower than the number cited in some other sources. That means that the sentencing range for a Class 1 Aggravated Discharge of a Firearm would be 4 to 30 years in the Illinois Department of Corrections if you have a prior class 1 conviction. SB2115 102ND GENERAL ASSEMBLY The Illinois truth in sentencing law, under 730 ILCS 5/3-6-3 (a) (2) contains five categories of offenses. For more than a decade Illinois resisted enacting a Truth-in-Sentencing law when other states rushed to do so. The Mandatory Supervised Release period is 2 years for someone sentenced to the Illinois Department of Corrections on a class 1 felony of Aggravated Discharge of a Firearm. Many are aware of the dire financial state that Illinois currently finds itself in. Yes, because you should be represented by an attorney on any offense that can result in the loss of your freedom. 720 ILCS 5/24-1.2(b). Heres an example: I call you up because I want to tag the ops. #notlegaladvice. 730 ILCS 5/5-8-1(a)(7)(B). 2021 Illinois Legislative Update - Restore Justice Illinois A reduction from an aggravated discharge of a firearm to a reckless discharge of a firearm is a very good disposition because your sentencing range will be on a class 4 felony instead of a class 1 or X felony. Is Aggravated Discharge of a Firearm a Misdemeanor or Felony? The sentence of imprisonment shall be a determinate sentence of not less than 3 years and not more than 7 years. not yet taken effect, the version of the law that is currently in effect may have already Democratic Gov. Home News Rethinking Illinois Truth-In-Sentencing Law. Web(a) TERM. If you are looking for information about Aggravated Domestic Battery cases, check out ourguide to Aggravated Domestic Battery cases in Illinois. J.B. Pritzker signs comprehensive legislation to ban military-style firearms on Jan. 10. The State can still charge you for the person who actually got shot. Illinois move toward so-called truth in sentencing and similar laws was grounded in a mistaken belief that locking up people for longer periods of time would make That way prisoners ended up serving around the same amount of time in prison and didnt cost the state additional money. Often times, the only difference in the charges come down to whether or not someone was shot. If the person that you shot at was (1) a cop, (2) a firefighter, (3) an EMT, or (4) a school employee on school grounds, then you would have the special sentencing range of 10 to 45 years in the Illinois Department of Corrections. With the sentencing ranges having already been increased, Illinois taxpayers have continued to be hit twice as hard: once for the existing sentencing scheme and effectively again due to the Truth-in-Sentencing legislation. Every case is different, and any prior results mentioned on this website do not guarantee or suggest a similar result in other matters. SPAC | Truth in Sentencing 730 ILCS 5/5-4.5-30 (a). After the passage of Truth-in-Sentencing though, that same sentence means that the offender must now serve the entire 50 years and wont be released until they are 68. Thus, they would have been released at age 40, and their incarceration would have cost the State $841,896 to carry out that sentence. The attorneys at the firm are licensed to practice law in only the jurisdictions listed in their biographies. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. 720 ILCS 5/7-1(a). The new law set off a firestorm of criticism from gun-rights advocates, includingcounty sheriffswho were nearly unanimous in signing a statement that they would not zealously enforce the law. been removed from the database and you should refer to that Public Act to see the changes These circumstances make it very difficult to do a positive identification of the shooter. Self defense. But they also claim it violates the Constitutions right to equal protection of the law and a state constitution provision banning special legislation when a general law is applicable. A lower court agreed in March. You can be charged with Aggravated Discharge of a Firearm even though no one was shot. Factors in aggravation and extended-term sentencing. For an optimal experience visit our site on another browser. Not only are you eligible for probation, but Illinois law recommends it: the courtshallimpose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offenders conduct and would be inconsistent with the ends of justice.730 ILCS 5/5-6-1(a). Its possible the Illinois high courts action would answer questions posed in the federal queries. 730 ILCS 5/5-4-1 - Illinois General Assembly Discharge, Drive-by Shootings, or shooting up the block. Rethinking Illinois' Truth-In-Sentencing Law - Law Offices of Grant Aggravated Discharge of a Firearm is often charged with either Attempt Murder or Aggravated Battery with a firearm. HB 3614 Truth-in A person is legally responsible for the conduct of another person when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of an offense, he knowingly solicits, aids, abets, agrees to aid, or attempts to aid the other person in the planning or commission of an offense.720 ILCS 5/5-2(c). 730 ILCS 5/5-4.5-30(d). WebIllinois criminal sentencing laws are some of the most confusing statutes on the books. You could be charged with Aggravated Discharge of a Firearm if you are legally responsible for the actions of the other person who actually did the shooting. The Law Office of Grant Smaldone is headquartered in Charleston, South Carolina. 2021 Illinois Legislative Update - Restore Justice Illinois In both scenarios, you have pointed a gun at another person and have fired the weapon. *1 I found that, even if one considers the meager funds received from the federal government from 1996 to 2004, which altogether totaled less than $125 million, the additional costs incurred by the State for sentences imposed under Truth-in-Sentencing from 2002 to 2004 alone, was over $750 million. Please note that this meeting will be held by Zoom and will be video recorded. 730 ILCS 5/5-4.5-30(a). Illinois Truth-In-Sentencing law states: that a prisoner serving a sentence for aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. 730 ILCS 5/3-6-3(a)(2)(iv). I offer this Illinois Aggravated Discharge of a Firearm guide as free legal education. Thousands more are sentenced for other violent crimes. Thats because the facts that lead to being charged with Agg. Writing in an article for the Chicago Reader entitled Guarding Grandpa, Jessica Pupovac reported that the IDOC spends roughly $428 million a year about a third of its annual budget keeping elderly inmates behind bars. As Ms. Pupovac noted, [w]hile keeping a younger inmate behind bars costs taxpayers about $17,000 a year, older inmates cost four times as much, or $68,000 per year. Under the doctrine oftransferredintent, one who does an unlawful act is liable for the natural and probable consequences of such act. That was the exact scenario that happened in People v. Hickman, 9 Ill. App. 720 ILCS 5/24-1.2(b). House Bill 3614 (HB3614) amends the Unified Code of Corrections to reduce truth-in-sentencing (TIS) restrictions as follows: (1) Permits The sentence of imprisonment for an extended term Published Jan 30, 2014 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Jun 18, 2023 at 7:50 pm. Worst case scenario on a class 4 felony is 3 years IDOC whereas the best prison sentence on a class 1 is 4 years IDOC. If the victim is a police officer, Aggravated Discharge has a sentencing range of 10 to 45 years IDOC while Aggravated Battery with a Firearm would have a sentencing range of 15 to 60 years IDOC. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. No rifle is allowed to accommodate more than 10 rounds, with a 15-round limit for handguns. Can I go to prison? Especially with offenses like this one that involves a mandatory jail sentence. Truth-in-Sentencing in Illinois requires that nearly all violent offenders serve 85 to 100 percent of their criminal sentences. When one takes all of these costs into account, as the Vera Institute of Justice did, it shows that Illinois spends, on average, $38,268 annually to incarcerate each inmate. WebA defendant serving a sentence for a misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and Generally, Aggravated Discharge of a Firearm is a Class 1 Felony under subsections (1) and (2). WebHB 3614 Truth-in-Sentencing Chages. WebSince Aggravated Discharge of a Firearm is a Class 1 felony, its sentencing range is 4 to 15 years in the Illinois Department of Corrections. SPAC | HB 4123 Changes to Truth-In-Sentencing - Illinois Once a self-defense claim is properly raised, the State has the burden ofproving beyond a reasonable doubt that the defendant did not act in self-defense. People v. Lee, 213 Ill. 2d 218, 225 (2004). This site is maintained for the Illinois General Assembly Please remember that when we reference our firms experience, this generally includes the combined expertise of both the firm and its frequently used local counsel. 3d 39. There are many ways to keep an Aggravated Discharge of a Firearm conviction off your criminal record. SPAC | HB 3614 Truth-in-Sentencing Chages - Illinois Other states that enacted Truth-in-Sentencing legislation adjusted for it by reducing sentences so the average imposed sentence was about half of what it was before enactment. 170 Meeting StreetSuite 110Charleston, SC 29401, 445 S. Figueroa Street31st Floor PMB 256Los Angeles, CA 90071, 95 Third Street2nd Floor PMB 8454San Francisco, CA 94103, 1101 Pennsylvania Ave. NWSuite 300 PMB 62822Washington, DC 20004, 80 Broad Street5th Floor PMB 8473New York City, NY 10004, 111 W. JacksonSuite 1700Chicago, IL 60604, 260 Peachtree Street NWSuite 2200Atlanta, GA 30303, 100 South Juniper3rd Floor PMB 498Philadelphia, PA 19107, 2950 North Loop WestSuite 500 PMB 658Houston, TX 77092, 450 Alaskan Way SouthSuite 200 PMB 8431Seattle, WA 98104, Legal Services DisclaimerPrivacy PolicyTerms and ConditionsSitemap. AN ACT concerning criminal law. Discharge, also fit in the charge of Agg. The Sad Truth About Truth in Sentencing Laws in Illinois by the. According to the Vera Institute of Justice, the IDOC does not calculate the full cost to taxpayers when reporting the average costs of incarceration. I see the group that we dont like, and as you drive by the block, I shoot at that group from the passenger side of your car.

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