Under 720 ILCS 5/24-1(a)(4), "a person commits the offense of unlawful use of weapons when he knowingly … carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm. Before this law was passed, it was common for gun owners caught for the first time without proper identification to be charged with a misdemeanor and locked up for less than a year. Unlawful use of a firearm is a class 2 felony where you could be subject to 3-7 years in prison. How to beat a gun charge in illinois online. Unlawful possession of a weapon while on parole or under supervised release is also a Class 2 felony, and possession of a machine gun by a felon is a Class X felony, with a possible penalty of 30 or more years in prison. 5) is a charge or offense committed when a person discharges a firearm in a reckless manner that endangers the bodily safety of another individual. Can I get Probation on an Armed Habitual Criminal Charge?
Additionally, certain. Clearly, being convicted for unlawful use of weapons in aggravated circumstances will lead to very hard jail time. Gun Charge While on Probation in Illinois. In Illinois, it does not matter if the psychiatric hospitalization was voluntary, or involuntary. Will know what questions to ask to ensure you are adequately represented. A knowledgeable firearm criminal defense attorney. Mr. Pissetzky and another attorney pushed the case... Motion Granted, Case Dismissed. If you carry a firearm in any of the following places, you may be charged with an Unlawful Use of Weapons offense. First Time Gun Charges in Illinois. However, a second or subsequent offense for Unlawful Use of a Weapon is a Class 3 felony. Case, box or other packages, and you have the consent of the appropriate. In Illinois, it is illegal to own almost any kind of weapon without first obtaining a Firearm Owner's Identification (FOID) card. To learn about what we can do for you, do not hesitate to contact us today at (312) 883-9466. If you had no knowledge of the drugs, you may be able to avoid serious penalties. If you try to leave your home with a loaded firearm, you could be looking at violating one of the many other gun restrictions in Illinois, like Unlawful Use of a Weapon or Aggravated Unlawful Use of a Weapon.
Under the Fourth Amendment, police officers must follow certain procedures for a search and seizure. You have been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery or a substantially similar offense. There are many other creative ways to fight UUW charges, and only a proven, effective Chicago gun crime defense attorney. 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. The defendant was a convicted felon and never possessed a gun in the store. Illinois prohibits the possession of certain kinds of weapons outright and requires gun owners to obtain a Firearm Owners ID card (FOID) in order to be in compliance with state law. To be clear, in order to carry a concealed firearm in the state, you must apply for a concealed carry license under the Illinois Firearm Concealed Carry Act. Unlawful Use of Weapons. A short barreled rifle or shotgun. You are hooded or otherwise attempting to conceal your identity. With Armed Violence, a person possesses a gun while currently committing certain crimes. Delivering a firearm to someone else, with full knowledge that it was stolen and while knowing that the recipient is not entitled to possess the firearm in question. I'll get into those charges later in this guide.
Class X Felony Possession of a Firearm. In felony drug cases, that often means that the police were the ones to provide the drugs in question, convincing you to agree to buying or selling before arresting you. How to beat a gun charge in illinois shooting. Our criminal defense attorneys have represented many individuals charged with gun-related weapons crimes in Illinois. While these are the offenses that are strictly concerned with owning or using a weapon illegally, you may also face additional penalties for using a weapon while committing another offense.
Throwing stars, switchblade knives or ballistic knives. Our impressive track record is founded on our recognition that anything less than a positive outcome will considerably change the lives of our clients. In 31 other states, an "open carry" of firearms is allowed, without requiring any permit, though the gun must be unloaded. An advocate at our firm can begin working on your defense today. In Illinois, the minimum age is 18, although exceptions are made for minors to carry guns while hunting or on a shooting range and also with their parents' permission. In the meantime, the following are five things you should know about gun charges in Illinois. Any public gathering or special event conducted on property open to the public. Additionally, if you have a Firearm Owner's Identification Card or. Yes, but you will have to wait 5 years. Chicago Weapons Charges Lawyer | Gun Attorney Cook County. Any firearm silencer, including any device, or part thereof, designed to silence, muffle or diminish the report of a firearm.
The FFL dealer must notify the Illinois State Police (ISP) and the Firearms Services Bureau to perform a background check in accordance with state and federal laws. Another defense would be that the gun was unloaded. There are several offenses under Illinois law that can be considered weapons charges, including: - Unlawful use of a weapon – You can be charged with unlawful use of a weapon if you knowingly carry or possess a gun or taser on your person or in your vehicle. This includes cases in which the offender's prior conviction was for: -. However, convicted felons are, under most circumstances, also prohibited from possessing any kind of firearm or ammunition, even those that are legally permitted in Illinois under other circumstances. Additionally, a criminal defense attorney that is familiar with the prosecutors and judges can get your charges amended from a felony to a misdemeanor offense to keep the felony off your record and keep you out of Cook County jail. After an arrest, it can be tough to recover. Metal knuckles or another knuckle weapon regardless of its composition. They are not the same as slingshots. How to beat a gun charge in illinois right now. Your best chance at any kind of possible outcome will lie in how fast you can get in touch with an aggravated unlawful use of weapons lawyer in Chicago.
Illinois is the only state that currently bans individuals from carrying concealed firearms. Some Illinois drug offense cases may be addressed with a simple denial that the drugs were yours. 3) any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher. A defendant must plead. Questions of Ownership. With Armed Habitual Criminal, a person possesses a gun after having previously committed certain crimes. If you are facing charges of illegal gun possession, the experienced Champaign gun possession lawyers at Bruno Law Offices are here to defend your rights and interests in court. For example, anyone under the age of 21 is not allowed to own a gun in the state. At the law offices of Bruno Law Offices, our experienced Champaign gun possession attorneys have built their careers around the skilled and effective defense of citizens just like yourself. The Chicago weapons charge lawyers at Mitchell S. Sexner & Associates LLC have been defending those accused of weapons crimes for more than 30 years. Recently that law has been appealed and the Illinois legislature has been ordered to allow the carrying of concealed weapons. When Can Felons Legally Possess Firearms in Illinois? At trial, the State must show that you knowingly possessed the gun.
The team at Mitchell S. Sexner & Associates LLC is ready to defend your rights if you are facing a weapons charge in Illinois. Weapons offenses can be charged under state or federal laws. If they do not have a warrant, they must have probable cause to believe that you're committing a crime or have drugs in your possession. Other common Chicago weapons charges include the. Probation may last one to three years. Possession of a weapon by a felon – Class 3 felony, two to ten years in prison for a first offense.
Are There Exceptions to Unlawful Use of a Weapon? Can you get probation for Unlawful Use of a Weapon? If you possess a weapon during the commission of a felony, the State could charge you with armed violence. Armed Habitual Criminal is a class X felony. To schedule a free consultation and case evaluation with an experienced Wheaton and DuPage County, Illinois criminal defense lawyer, please call our free 24-hour hotline at (630) 474-8000 today. Aggravated Discharge of a Firearm.
Aggravated firearms discharge is classified as a Class 1 felony, and may result in up to 15 years in prison, a fine of up to $25, 000, or both. Unlawful Possession of a Weapon by a Felon is a mandatory prison case. When you are facing criminal charges, you should seek assistance with your defense from a Skokie criminal defense lawyer. If you own a gun or have been arrested on weapons charges in Illinois, it is essential to know what the state's gun laws are and the potential penalties for a conviction. Community volunteer with the police. When an officer intentionally tries to convince you to commit a crime, you may be able to defend yourself in court on those grounds.