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Armed Violence

under Illinois Statue 720 ILCS 5/33A-2

  • A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
    • If during the commission of the violation the person was armed with¬†a handgun, sawed-off shotgun, sawed-off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun the defendant shall be sentenced as a Class X offender with a minimum term of imprisonment of 15 years to 30 years.
    • If during the commission of the violation the person was armed with any other rifle, shotgun, spring gun, other firearm, stun gun or taser, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character the defendant shall be sentenced as a Class X offender with minimum term of imprisonment of 10 years to 30 years.
    • If during the commission of the violation the person was armed with a bludgeon, black-jack, slungshot, sand-bag, sand-club, metal knuckles, billy, or other dangerous weapon of like character the violation is a Class 2 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty. A second or subsequent violation is a Class 1 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty.
  • When a person commits armed violence and they personally discharge a firearm that is a handgun, sawed-off shotgun, sawed-off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun, or any other rifle, shotgun, spring gun, other firearm, stun gun or taser, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range the violation is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of 20 years to 30 years in the state penitentiary.
  • When a person commits armed violence when he or she personally discharges a firearm that is a handgun, sawed-off shotgun, sawed-off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, machine gun, other rifle, shotgun, spring gun, other firearm, stun gun or taser, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range the violation is a Class X felony for which the defendant shall be sentenced to a minimum term of imprisonment of not less than 25 years nor more than 40 years.
  • Unless a natural life sentence is applicable because of prior convictions, any person who commits Armed Violence with a firearm, when that person has been convicted in any state or federal court of 3 or more of treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, arson, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement, a violation of the Methamphetamine Control and Community Protection Act, or Class X possession of a controlled substance with intent to deliver or delivery of a Controlled Substance, when the third offense was committed after conviction on the second, the second offense was committed after conviction on the first, and the violation of Armed Violence was committed after conviction on the third, shall be sentenced to a term of imprisonment of not less than 25 years nor more than 50 years.
  • For armed violence based upon a predicate offenses of solicitation of murder, solicitation of murder for hire, heinous battery,aggravated battery of a senior citizen, possession with intent to deliver or delivery of over 5,000 grams of cannabis,cannabis trafficking, a Class X violation of possession of a controlled substance with intent to deliver or delivery of a Controlled Substances,controlled substance trafficking involving Class X felony,calculated criminal drug conspiracy, streetgang criminal drug conspiracy, or a violation of the Methamphetamine Control and Community Protection Act, the court shall enter the sentence for armed violence to run consecutively to the sentence imposed for the predicate offense.