How to Beat a Felony Drug Charge in Illinois. Why is there a waiting period before possession of a firearm in the State of Illinois? An experienced weapons charge lawyer can explain the specifics of the charges against you and the penalties you might face. 0 SUPERB AVVO RATING.
However, it is legal to carry these weapons on your own property, in your home, or at a business you own. How To Beat A Gun Charge In Chicago. Illinois does allow private persons or parties to sell or transfer firearms with little oversight. 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. The skilled Wheaton and DuPage County, Illinois criminal defense lawyers at Martin & Kent, LLC can help you come up with a good legal defense to use in court to challenge—and hopefully, beat—your gun charge. What is the punishment for unlawful use of weapons?
Unlawful use of a weapon (UUW) is one of several weapons-related criminal. You have renounced my citizenship as a citizen of the United States. Metal knuckles or another knuckle weapon regardless of its composition. How to beat a gun charge in illinois using. Although the person may have intended no harm with the weapon, it is a criminal offense to be in possession of certain weapons at certain locations or without the proper documentation. The guidelines prescribe a mandatory minimum of 21 years' jail time and the sentence may increase considerably depending on the circumstances of the offense. Contact a Skokie Criminal Defense Lawyer. Work for a manufacturer or seller of firearms, you can. A person commits the offense of unlawful use of firearms when they knowingly carry or possess on or about their person, upon any public street any pistol, firearm ammunition, automatic firearm, revolver, stun gun, or taser while the weapon wasn't in a case, was unloaded and the ammunition to the firearm was immediately accessible and the person didn't have a valid firearm owner identification card or conceal and carry license. You're now dealing with gun charges while on probation in Illinois.
Many people in Illinois make this mistake and inadvertently break the law, thinking that they had the right to conceal the weapon on their person or in their vehicle. Felony called Armed Habitual Criminal (AHC). On July 7, 2020, a 26-year-old man in Springfield, IL, shot at a violent intruder who broke through a window of his home. For example, the police might have rendered insufficient Miranda warnings, engaged in an illegal search or seizure of your home or person, or otherwise violated your constitutional rights under the Fourth or Fifth Amendment to the United States Constitution. Felony Gun Possession Sentence. Persons charged with unlawful use of a weapon, specifically a handgun or any other type of gun need to be aware of other recent changes in the law. Violent offenses under the laws of any state or federal law. Illinois Gun Possession Laws | Bruno Law Offices. Case, box or other packages, and you have the consent of the appropriate. Check and wait at least three days before purchasing a gun. When arrested for and facing serious criminal charges, it is critical to find a great criminal defense lawyer who is at the top of his profession.
Illinois Gun Possession Laws. Meet all federal firearm possession requirements. Types of Gun Charges We Defend. Adult or juvenile detention or correctional institution, prison, or jail. A person can be charged with both Armed Habitual Criminal and Armed Violence at the same time if he or she has a gun, has a bad criminal history, and is currently engaged in certain felonies. However, if you were armed with a gun while delivering drugs or possessing with intent to deliver drugs, then the sentence for the Armed Violence would mandatorily run consecutive to the drug delivery charge. At Hartsfield Law, we can provide you with the defense you need to fight criminal weapons charges, including in cases involving unknowing possession and illegal search and seizure. 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. A knowledgeable firearm criminal defense attorney. Chicago Weapons Charges Lawyer | Gun Attorney Cook County. The punishment ranges from at least 5 years to life imprisonment without parole or a death sentence, if the use of the firearm resulted in death. Materially changing or forging a Firearm Owner's Identification Card (FOID card) while intending to use the card to purchase ammunition or a firearm.
Class 1 Felony Possession of a Firearm - A person commits a Class 1 felony if he or she is confined in a penal institution and is found in possession of any weapon prohibited in 720 ILCS 5/25-1, regardless of the intent with which he or she possesses it. Unlawful use of a firearm is a class 2 felony where you could be subject to 3-7 years in prison. In 31 other states, an "open carry" of firearms is allowed, without requiring any permit, though the gun must be unloaded. Can I get Probation on an Armed Habitual Criminal Charge? The fact that you were arrested in circumstances amounting these related above is not fatal however. Class 3 Felony Possession of a Firearm - A person commits a Class 3 felony when he or she is found in possession of a firearm and is not confined in a penal institution. This ruling will force the state of Illinois to rewrite this section to clarify that only possession of tasers and guns outside the home will require a license to carry. If you were ineligible to obtain a FOID card at the time of your arrest. Probation is an option that's not available for everyone. How to beat a gun charge in illinois right now. Forcible felonies prohibits you from possessing a firearm under any circumstances.
I'll get into those charges later in this guide. So if you receive a sentence of 10 years in the Illinois Department of corrections for Armed Habitual Criminal, the most you would actually serve is 8. We can help you work for the best results for your case, starting with helping you to understand your charges and your defense. 3 or subdivision (b)(1) of Section 12-3. 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. However, in 2011, the laws changed and became quite harsh. Other firearms offenses. These are defined as any weapon capable of firing more than one shot without your needing to reload it. Can I Get A FOID Card As An Adult If I Had a Juvenile Case? Use of firearms during a robbery. Penalties for possession by minors. At the Chicago criminal defense firm of Alex Ktenas, our skilled criminal defense attorneys have helped thousands of clients beat their gun charges and we can help you too. Any public gathering or special event conducted on property open to the public. The gun possession and carrying laws of Illinois are both somewhat lenient compared to other states but also uniquely complex.
Concealed Carry Permit. This is one of the most common defenses against weapons charges, though self-defense can be difficult to prove sometimes. The law is found at 720 ILCS 5/24-1. To start the process of obtaining one, you can download a FOID card application from the Illinois State Police web site at Why are the firearms and unlawful weapons laws so strict in Illinois? A Concealed Carry Permit is a document that licenses you to carry a concealed firearm in public. Our impressive track record is founded on our recognition that anything less than a positive outcome will considerably change the lives of our clients. Instead of letting your probation be taken, talk to the lawyers at Chicago Trusted Attorneys™. 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. Is Armed Habitual Criminal a Misdemeanor or Felony?
Illinois is the only state that currently bans individuals from carrying concealed firearms. Any machine gun, fully automatic firearm or any part designed or intended exclusively for use in such weapon. Win the Gun Possession Case at Motion. In the case of a machine gun, simply owning or possessing parts which can be put together to create a machine gun can lead to some serious jail time. The Firearm was Unloaded and/or Disassembled: A Chicago attorney like me can argue that your firearm was unloaded and. They include: Possession of a firearm or ammunition by a prohibited person. We are currently working with our partners to isolate the source and remove their ability to contact you.
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