What Is Aggravated Vehicular Hijacking in Illinois?

 Posted on September 28, 2026 in Violent Crimes

Aggravated vehicular hijacking in Illinois is taking a vehicle from someone by force or the threat of force, with at least one additional factor that makes the offense more serious. It is always a Class X felony, the most serious class below first-degree murder, and probation is not available. If you are facing this charge in 2026, a Cook County, IL violent crimes defense lawyer can explain exactly which subsection you are charged under and what it means.

What Makes a Hijacking Charge Aggravated in Illinois?

A hijacking charge becomes aggravated when any one of six listed factors is present. The base offense appears in 720 ILCS 5/18-3, which covers knowingly taking a motor vehicle from the person or the immediate presence of another by using force or threatening the imminent use of force. By itself, that is a Class 1 felony.

Under 720 ILCS 5/18-4, the charge climbs to Class X if:

• The driver or owner was 60 or older, or had a physical disability.
• A child under 16 was riding in the vehicle.
• The accused had a dangerous weapon on them, such as a knife or a club.
• The accused had a gun on them.
• The accused fired a gun while the offense was happening.
• Someone was seriously hurt, permanently injured, disfigured, or killed by a shot the accused fired.

Notice that two of these factors, the victim's age and a child passenger, have nothing to do with what the accused knew or intended.

How Much Prison Time Does Aggravated Vehicular Hijacking Carry in Illinois?

The sentence starts at the Class X range of six to 30 years in prison, with a fine of up to $25,000 and mandatory supervised release afterward. Probation is not an option at any level.

A case under the first two factors carries the standard Class X range. A case involving a dangerous weapon other than a firearm requires a minimum of seven years. Being armed with a firearm adds 15 years. Discharging a firearm adds 20 years. Discharging a firearm that causes serious injury or death adds 25 years up to natural life.

The length that having a firearm adds on is in addition to whatever sentence the judge decides is appropriate. It’s not part of the six- to 30-year range. A judge who selects a 10-year sentence in a case involving a firearm must then add 15 more years, so 25 years overall.

For most adult defendants, the judge cannot waive the firearm enhancement when it applies. However, Illinois law gives judges discretion to decline certain firearm enhancements when the defendant was under 18 at the time of the offense.

What Defenses Are Possible for an Aggravated Vehicular Hijacking Charge in Illinois?

Defenses in these cases often challenge one of two things: whether you were involved at all, or whether the facts support the charge the State filed.

Questioning Identification

Carjacking often happens at night, sometimes with a face partly covered, and witnesses are frightened. How a lineup or photo array was conducted can determine whether that identification holds up in court. Related to it is accountability, since Illinois allows charges against someone who did not personally take the vehicle but is alleged to have helped. Being present, or riding in the car afterward, is not necessarily the same as participating, and the State has to prove you intended to promote the offense.

Attacking the Charge Itself

Consent disputes come up often in hijacking cases because arguments over a rental car, a vehicle shared between acquaintances, or a car lent out and never returned can look like a hijacking in an initial police report while the underlying facts tell a different story. The weapon allegation carries the most weight, because the firearm add-on is where most of the prison time comes from. If the state cannot prove a gun was involved, that exposure drops sharply.

Schedule a Free Consultation With Our Chicago Aggravated Vehicular Hijacking Defense Attorney

Attorney James DiQuattro has built his practice on being dedicated to the people he represents and being aggressive where it counts and. He also defends individuals under state and federal criminal investigation.

Contact the Law Offices of James F. DiQuattro at 312-627-9482 to talk to our Cook County, IL violent crimes defense lawyer today.