As of January 1, 2023, the mandatory 7 to 14 IDOC will expire and the mandatory 3 to 14 IDOC would apply. When selecting a criminal defense lawyer to represent you, you want someone who routinely handles gun charges and who takes them to trial on a regular basis. To convict you of a gun charge, the Illinois prosecutor must be able to prove every element of the charge beyond a reasonable doubt. Verify local firearm ordinance requirements. Illinois Gun Charges. Being faced with such serious charges can be a terrible experience, and being convicted of the can be so much worse. The Firearm was Unloaded and/or Disassembled: A Chicago attorney like me can argue that your firearm was unloaded and.
4 – 15 years in prison. UUW non-probationable)? 430 ILCS 65/14(b), assuming you still are eligible for a FOID card.
05, 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. Chicago Weapons Charges Lawyer | Gun Attorney Cook County. The Unlawful Use of Weapons charge comes into play under certain factual circumstances. Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. There is an online FOID directory for state residence convenience.
In situations where the use of a weapon coincides with aggravating circumstances, you could be facing serious prison time without the possibility of probation. And don't want to waive the right to such representation, anything. How to beat a gun charge in illinois law. Any machine gun, fully automatic firearm or any part designed or intended exclusively for use in such weapon. It is a handgun if it is designed to be held and fired by the use of a single hand. In Illinois, some violent crimes that are committed with a firearm automatically. The offender may receive a minimum sentence of 15 years without parole if they have three or more prior convictions for a felony crime of violence. The penalties for a firearm offense in Illinois are very stiff.
Plea Agreement (Reduction on the Charge). Necessarily unlawful to possess. Generally, Armed Violence has a sentencing range of 15 to 30 years in the Illinois Department of Corrections. Generally, violations of the FOID Act, Unlawful Use of a Weapon, Aggravated Unlawful Use of a Weapon, Unlawful Use of a Weapon by a Felon and Armed Violence are all 50% sentences. Can I Get A FOID Card After A Psychiatric Hospitalization? Of a forcible felony, firearm-related charge and/or drug charge, you could. Many People Are Not Permitted to Carry a Firearm Under Illinois Law. Gun Charge While on Probation in Illinois. However, it is a Class 3 felony to possess a firearm without a FOID card. The person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or. For example, a 50 year old medical doctor with no criminal record must receive prison time if convicted of aggravated unlawful use of a weapon. Contact attorney Andrew Weisberg today for a free consultation.
When this happens, having a lawyer on your side may be the one thing standing between you and the complete loss of your probation privileges. Knowingly possessing a firearm with a serial number that has been altered, removed, or otherwise destroyed. In such situations, it will be in your best interest to immediately contact an aggravated unlawful use of weapons attorney. Although the term "use" is mentioned, the crime is typically committed by mere unlawful possession of the weapon and not actual "use" of the weapon. If you possess a weapon during the commission of a felony, the State could charge you with armed violence. If you carry a firearm in any of the following places, you may be charged with an Unlawful Use of Weapons offense. If you do not discharge it? How to beat a gun charge in illinois department. Weapons offenses can be charged under state or federal laws. Illinois prohibits all individuals from doing the following: - Knowingly buying or attempting to buy a firearm while intending to deliver the firearm to an individual who is not allowed to possess one (such as a minor). Another legal option your criminal defense lawyer can negotiate is for the prosecutor to amend the criminal charge to a misdemeanor to prevent you from having a felony on your public record. He will explain, in-depth, the legal process and potential outcomes to your case so you understand all the possibilities. Although the weapon charge is a class 4 felony where you could be subject to 1-4 years in the Illinois department of corrections, you may get probation with a good gun crime defense attorney. How an experienced unlawful use of weapons lawyer in Chicago can help? Sawed-off rifle with a barrel length of less than 16″ or overall length less than 26″.
The defendant was a convicted felon and never possessed a gun in the store. Unlike First Time Weapon Offender Program, a felony conviction does enter against people who receive this resolution. A second offense will be charged as a Class 3 felony. To be eligible, a person must not have committed the gun offense during the commission of another violent crime, must not have been previously convicted of a violent offense, must not have gone through the First Time Weapon Offender Program previously, must not be aged 21 or older, and must not have an order of protection against him or her. Passing through illinois with a gun. Lastly, if the individual is wearing body armor in conjunction with any of these above stated felonies they have committed a class x felony ( 720 ILCS 5/33F-1). Any Class 2 or Greater Drug Crime. Ballistic knife, which are devices that propel a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas. Public bus, train, or form of transportation paid for with public funds.
Lack of ownership – Your lawyer may be able to argue that you did not own the firearm in question. The government must also prove that the firing of the weapon actually placed someone in danger of injury. You are subject of an existing Order of Protection or a No Contact/No Stalking Order. While the appellate court released the upon under Rule 23, so it cannot be cited as a precedent that is binding on trial courts, it is still instructive.
If there is one thing we believe in here at Pissetzky Law LLC, it is that an attorney should never back down from a fight when their clients' freedoms are on the line. For example, it is illegal to carry or possess a firearm, stun gun or Taser in any place that is licensed to sell alcoholic beverages. Probation may be strict and demanding, but it does give you an opportunity you wouldn't otherwise have—an opportunity to avoid a sentence in jail or prison. Attempted murder is a difficult offense for the prosecutor to prove. If you are found with a weapon on you, you may be charged with an Unlawful Use of Weapons offense. Concealed Carry Permit. Gun Laws in Illinois. Probation violation proceedings. The gun possession and carrying laws of Illinois are both somewhat lenient compared to other states but also uniquely complex.
Federal law generally prohibits anyone under the age of 18 from possessing a handgun. Of the firearm are all important considerations in a firearm-related charge. Schedule a free consultation.