Weapons Charge Lawyer in DeKalb County, IL

Different Types of Weapons Charge in Illinois

Illinois imposes some of the strictest penalties for gun-related offenses in the United States. The consequences for weapon possession vary, ranging from Misdemeanor to a Class X Felony. Possible sentences may involve supervision, probation, or even imprisonment for up to 30 years.

Unlawful Use of a Weapon

The situations that specifically form the grounds for an unlawful use charge

Previous felony conviction when the accused was a juvenile
Unlawful possession of a handgun when under the age of 21
Possession during misdemeanor drug offenses under federal law
Loaded weapon that is immediately accessible in your car
No valid firearm owner ID card (FOIC)
Unloaded firearm with ammo readily available in a vehicle
Gang-related activity
Accused subject to a current protective order
Possession during commission of a violent misdemeanor (e.g. domestic violence)

Unlawful Use / Possession of a Firearm by a Felon

If you have been convicted of a felony you cannot be in possession of a gun in Illinois. If you are a convicted felon and you are caught with a gun, you will be charged with Unlawful Use of a Firearm by a Felon. You don’t need to actively use the gun; merely having possession of the firearm is sufficient to be charged with the unlawful use of a firearm. For instance, if you are a convicted felon and are found with a gun, it doesn’t matter if the gun was in your home or if it belonged to someone else. Simply residing in a home where the gun is present is adequate for being considered guilty under the Unlawful Use of a Weapon by a Felon statute in Illinois.

Armed Violence

An individual can be convicted of armed violence if they commit a felony while possessing a dangerous weapon. However, it’s important to note that certain serious felonies, including murder, predatory sexual crimes involving children, home invasion, and others, are exceptions and are not covered by this provision.

Armed Habitual Criminal

A criminal offense for an individual with a minimum of two convictions of specific types to possess, sell, receive, or transfer a firearm.

two or more forcible felonies
unlawful use of a weapon by a felon
aggravated unlawful use of a weapon
aggravated discharge of a firearm
vehicular hijacking
aggravated vehicular hijacking
aggravated battery of a child
or any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that carries a punishment of a Class 3 Felony or higher.

Aggravated Discharge

The unsafe discharge of a firearm under specific circumstances. This charge applies when a firearm is discharged in a manner that poses an extreme risk. Factors defining this hazardous act include:

Consultation

Whether you’re prepared to take action or just want to explore your options, reach out to us for a free consultation.