Legal Question in Criminal Law in Illinois

In the state of Illinois (Chicago area), what sort of sentence would a man face if he was charged with attempted murder, had commit the crime with a firearm, had fired the weapon, but had not harmed the victim or any other bystander/s in the area (in terms of years)? And would any other charges get tacked on as well like...endangering the public/destruction of property etc.?


Asked on 10/19/10, 5:52 pm

1 Answer from Attorneys

Since this seems like a hypothetical or academic question, you should look at the Illinois Criminal Code - (720 ILCS 5/8-4) Criminal Code of 1961.

Attempted Murder: if this was a situation where self-defense was not an issue, it could be a few years to 80 years, depending on various facts and circumstances, one of the most important being the status of the intended victim-- there are several protected classed resulting in the felony being classified as "X" class.

"Tacked on" - criminal assault...unlawful possession of the weapon, etc. It depends on what the State considers to be a "lesser included offense" to which double jeopardy would attach. Other charges, depending on facts and circumstances, would be separate offenses.

What you're also not figuring in is civil liability. The victim(s) can sue for assault.

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Answered on 10/25/10, 8:08 am


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