Is it Possible to Beat a Gun Charge? Upon transfer of possession, the firearm must be unloaded and enclosed in a case to transport. To schedule a no-cost initial consultation, contact our criminal defense law firm today. An individual who brings a gun into the State with ammunition, he or she can be found guilty or convicted of a Class X felony. Unlike First Time Weapon Offender Program, a felony conviction does enter against people who receive this resolution. Felony Gun Possession Sentence. First Time Gun Charges in Illinois. Finding of Not Guilty! To learn about what we can do for you, do not hesitate to contact us today at (312) 883-9466. Argue any possible defenses to strengthen your case. First Time Weapon Offender Probation- 730 ILCS 5/5-6-3. The following are the most common weapons/gun charges in Chicago and the suburbs: Unlawful Use of Weapons / UUW (720 ILCS 5/24-1) is the name for a wide variety of weapons and/or gun charges or offenses in Illinois. An aggressive and talented criminal defense lawyer can effectively challenge such a charge in court. That being said, many individuals are charged with Attempted murder with a knife or other dangerous weapon. Contact a Skokie Criminal Defense Lawyer.
WARNING: This law is scheduled to end on January 1, 2023. Class 2 Felony Possession of a Firearm - A person commits a class 2 felony if he or she is not confined to a penal institution and has committed: found with a firearm when on parole, found with a firearm when on mandatory supervised release, repeat offense of possession of a firearm by a felon, a forcible felony, a felony in violation of 720 ILCS 5/24, a felony in violation of the Firearm Owners Identification Card Act, stalking or aggravated stalking, a class 2/greater drug related felony. Unlawful Use of Weapons. Pre-school or child care facility. "Class X" firearm possession felonies carry up to 30 years in prison when in possession of a machine gun outside a penal institution; or are in possession of a firearm, ammunition, or explosives inside of a penal institution. Illinois gun laws are some of the toughest in the country—most especially, those laws related to gun trafficking. If you were found guilty of Aggravated Unlawful Use of a Weapon, and 1) you do not have a FOID; and 2) you were actively wearing or in possession of body armor, then the Aggravated Unlawful Use of a Weapon would be a Class X felony.
You can apply to have your gun rights restored after you have finished serving your sentence, but until those rights are restored, you are not allowed to own or use a gun. The defendant took the gun and returned it to the store, possessing it for about 10 minutes in the process. For example, Illinois requires prospective gun owners to complete a background. Reckless Discharge of a Weapon.
We can focus on building a defense for your case for both the gun charges and your violation hearing. It is not enough that you were near the location where the gun was found. We can help you work for the best results for your case, starting with helping you to understand your charges and your defense. In Illinois, some violent crimes that are committed with a firearm automatically. How to beat a gun charge in illinois using. How Long is a FOID Card Valid For? Exceptions to the UUW charge include: - if the firearm is broken down into a non-functioning state. FOID: Firearm Owner's Identification Card. This broad statute covers a wide variety of weapons, including, but not limited to handguns, rifles, knives and many other weapons.
The alarming spate of violence and gun crimes prompted the governor of Chicago, Gov. You have to meet the following requirements in order to qualify for this program: - Have no prior convictions for a violent crime. If your Second Amendment right to possess firearms is being infringed upon by unjust criminal charges, let our Chicago gun crime lawyers stand up for you before the court. How to beat a gun charge in illinois laws. Another possible defense was raised in a UUW prosecution is Necessity, which is also an affirmative defense. Check and wait at least three days before purchasing a gun.
A gun charge is enough to potentially dismiss your firearms charge. 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. Under current Illinois law, a person cannot lawfully carry a firearm in public unless they have an Illinois Firearm Owner's Identification card, commonly referred to as an FOID card, and a Concealed Carry License, or CCL. For example, it is unlawful to: - possess a firearm in a public place, on government property, or at a religious. An AHC is considered a Class X felony that carries a prison sentence of. I offer this Illinois firearm guide as free legal education. 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. Guns are most often recovered in a home when the police come to the location to execute a search warrant. Illinois Gun Charges. Daggers, dirks, billies (batons), dangerous knives, razors, stilettos. First-time offenders accused of aggravated unlawful use of a weapon may be eligible for probation or even a deferred prosecution resulting in a dismissal, though this is not guaranteed. What is Aggravated Unlawful Use of a Weapon (Agg. In spite of the term "Unlawful Use", you should know that you don't necessarily have to be caught using an unlawful weapon or committing a crime. 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.
The penalty for any of these offenses while wearing body armor may be up to 40 years in prison. OVER 20 YEARS OF TRIAL-TESTED DEFENSE. 730 ILCS 5/3-6-3(a)(2)(ii). Other common Chicago weapons charges include the. Call Firearm Criminal Defense Lawyer Clyde Guilamo today for a free consultation at 708-966-9829.
For example, a knowledgeable gun attorney can get your case thrown out if they can prove that the police officer was just harassing you and there was no reason for the law enforcement officer to stop and search you in the first place. While cases like these are truly difficult to defend due to the stringent nature of the laws involved, they are not impossible. Numerous Defense Strategies May Be Available to Fight Gun Charges. According to the regulations, a handgun is any device that is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas. Understand that getting charged for unlawful use of weapons in Illinois is serious business. Any building or real property that has been issued a Special Event Retailer's license. Illinois gun law penalties. The severity of the charge depends on the type of weapon and the location it was possessed. 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). Additionally, certain. Possessing a firearm without a valid license can be a petty offense, a misdemeanor, or a felony.
To convict you of a gun charge, the Illinois prosecutor must be able to prove every element of the charge beyond a reasonable doubt. Clearly, being convicted for unlawful use of weapons in aggravated circumstances will lead to very hard jail time. You did not knowingly possess the weapon – To be convicted of a weapons charge, the prosecution generally must show that you knew the weapon was in your possession. If you are charged with the Class 2 Felony of UUW-Felon, then your sentencing range is 3 to 14 years in the Illinois Department of Corrections. ILLINOIS SUPER LAWYERS®. However, it is a Class 3 felony to possess a firearm without a FOID card. A person found guilty of Unlawful Use of a Weapon can be sentenced be sentenced up to 364 days in the county jail.
keepcovidfree.net, 2024