Armed Violence Statute

The gist behind the armed violence offense in Illinois is to create a more serious felony offense anytime a person commits a felony while armed with a weapon.

Dangerous Weapon

The Illinois armed violence statute is found at 720 ILCS 5/33A-2(a)(1) of the Criminal Code of 2012. It states:

“A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except [certain excluded offenses].”

720 ILCS 5/33A-2(a).

Discharges A Firearm

Section (b) covers using a firearm:

A person commits armed violence when he or she personally discharges a firearm that is a Category I or Category II weapon while committing any felony defined by Illinois law, except [certain excluded offenses].”

720 ILCS 5/33A-2(b)

Causes Great Bodily Harm

Section (c) covers causing bodily harm with a firearm:

“A person commits armed violence when he or she personally discharges a firearm that is a Category I or Category II weapon that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony defined by Illinois law, except [certain excluded offenses.]”

720 ILCS 5/33A-2(c)

Weapon Categories Definition

The definitions section under 720 ILCS 5/33A-1(c) defines the various categories of weapons as follows:

Category I Weapon

A Category I weapon is a

* Handgun* Sawed-off shotgun* Sawed-off rifle* Firearm small enough to be concealed upon the person* Semiautomatic firearm* Machine Gun.

Category II Weapon

A Category II weapon is a

* 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* Other deadly or dangerous weapon or instrument of like character.

Category III Weapon

A Category III weapon is a

* Bludgeon* Black-jack* Other Dangerous weapon of like character.

Armed Violence Is A Class X Felony

A person convicted of an armed violence has essentially committed a Class X Felony. The sentencing statute for armed violence creates certain minimum number of years a person must serve if convicted.

See 720 ILCS 5/33A-3(a), (a-5), (b). Sentence:

TypeCategoryMinimumDangerous WeaponCategory I15 yrsDangerous WeaponCategory II10 yrsDangerous WeaponCategory IIIClass 2 Felony

The more serious forms of armed violence involve discharging a fir...