- Committing a felony while armed with a dangerous weapon.
- Committing a felony while personally discharging a firearm that is a category I or II weapon
- Committing a felony while personally discharging a firearm that is a category I or II weapon & proximately causing the death/great bodily harm/ permanent disfigurement of another.
- “Armed” only + category I weapon = cl. X felony- MINIMUM 15 YEARS IDOC (MAX 30)
- “Armed” only + category II weapon = cl. X felony- MINIMUM 10 YEARS IDOC (MAX 30)
- “Armed” only + category III weapon = cl. 2 felony (or higher level of underlying felony)
- “Personally Discharged” + category I or II weapon = cl. X felony- MINIMUM 20 YEARS IDOC (MAX 30)
- “Personally Discharged” + Great Bodily Harm/Death/Permanent Disfigurement + category I or II weapon = cl. X felony- MINIMUM 25 YEARS IDOC (MAX 40)
- “Armed” or “Personally Discharged” + Category I-III weapon + 3 or more separate prior convictions for: (Cl. X Felony- 25 years -50 years IDOC).
- Treason
- First Degree Murder
- Second Degree Murder
- Predatory Criminal Sexual Assault of a child
- Aggravated Criminal Sexual Assault,
- Robbery
- Burglary
- Arson
- Kidnapping
- Aggravated Battery-Great Bodily Harm
- (Violation of)Methamphetamine Control And Community Protection Act
- (Violation of) Manufacture or Delivery of a Controlled Substance.
- CONSECUTIVE SENTENCING APPLIES: If the Felony committed while armed and/or personally discharging a dangerous weapon is:
- Solitician of murder/murder for hire
- Heinous Battery
- Aggravated Battery of a Senior Citizen
- Manufacture/Delivery of Cannabis-5,000+ grams
- Cannabis Trafficking
- Manufacture/Delivery of a Controlled Substance- Cl. X
- Controlled Substance Trafficking- Cl. X
- Calculated Criminal Drug Conspiracy
- Street Gang criminal drug conspiracy
- (Violation of)Methamphetamine Control And Community Protection Act
- ***The sentence for these offenses will be served consecutively to the Armed Violence sentence.
- Defendant hiding in crawl space where drugs and weapon were found. People v. Anderson, 364 Ill. App. 3d 528, 542 (2006); People v. Brown, 277 Ill. App. 3d 989, 992 (1996).
- Firearm and drugs found under and near mattress where defendant was sleeping. People v. Hernandez, 229 Ill. App. 3d 546, 551-52 (1992).
- firearm and drugs found under and near mattress where defendant was sleeping. People v. King, 155 Ill. App. 3d 363, 365 (1987).
- defendant alone in a bedroom lying on a bed next to controlled substances and a revolver. People v. Lenoir, 125 Ill. App. 3d 260, 261 (1984).
- Defendant answers bedroom door naked, guns found behind storage container in far left corner of bedroom. People v. Norwood, 2018 IL App (4th) 150883.