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Mount Prospect Gun Crime Defense Attorneys
Illinois has strict gun laws, so if you are charged with a gun crime, you face a situation where the prosecutor will aggressively attempt to convict you. However, there are many valid defenses to gun crime allegations, and the Mount Prospect gun crime defense attorneys at Villadonga & Villadonga are prepared to fight for your rights and will work for the best case outcome.
What Are Types Of Illinois Gun Crimes?
Anyone who wants to own a gun legally in Illinois must obtain a Firearm Owners Identification (FOID). If you have been convicted of a felony, you cannot obtain a FOID. If you possess a gun without this document, illegally owning a firearm is a severe crime, even in your own home. If you are from another state and move to Illinois, a gun license from another state is not valid. Illinois does not have reciprocity with other states in regards to gun laws. Driving through Illinois from a surrounding state with a gun is not a valid defense for violating Illinois gun laws while you are in the state.
Also, many gun crime defendants in Illinois confuse a FOID with a concealed carry permit. Some believe having a FOID gives them the right to carry a concealed gun, but this is false.
You can be charged with a serious gun crime in Illinois if you carry an illegal firearm with or without a FOID. It is usually a Class A misdemeanor and can be punished by up to 364 days in jail. However, for a subsequent offense, this crime is charged as a Class 4 felony. In addition, it is charged as a Class 3 felony to have a gun without a FOID if you were ineligible for a FOID and a Class 1 felony if it is your third or subsequent offense.
Unlawful Use Of A Weapon (UUW)
Many people in Illinois do not know they can be charged with UUW for only possessing a gun; the law does not require you to discharge it. You could be charged with a misdemeanor, but it can also be a severe Class X felony, depending on the circumstances.
However, there are exceptions to UUW charges. For example, you may not be charged if the gun was disassembled so it is non-functional; not immediately accessible, such as in your trunk, or the gun was unloaded and in a case.
Aggravated Unlawful Use Of A Weapon (AUUW)
This charge can be increased to a felony if you possessed the gun in public or in your car without documentation. It also can be charged if the gun was loaded, not in a case, and easily accessible. An AUUW charge in the Chicago area is often a Class 4 felony, but it could be enhanced to a mandatory prison sentence of six years if you have previous convictions.
Armed Habitual Criminal (AHC)
Were you convicted before of two or more serious felonies, including forcible felonies, gun charges, or drug charges? Then you can be charged as an AHC if you possess, transfer, receive, or sell a gun. This is a severe Class X felony, punishable by up to 30 years in state prison. In addition, you would not qualify for probation, and this felony conviction can even lead to a life sentence.
What Are Possible Gun Crime Defenses In Illinois?
Unlawful use of a weapon is a common charge in the Chicago area, and people can be charged for possession, not just guns but throwing stars, brass knuckles, and switchblades. However, most UUW charges concern firearms. Some of the potential defenses include:
Illegal Police Behavior
Even if you may be guilty of a gun crime, police must follow protocol during the arrest and efforts to obtain evidence. For instance, if they search your vehicle without your consent or a warrant and find a gun, your attorney could suppress this evidence at trial. Also, if the police fail to read you your Miranda rights or continue to ask questions after you ask for your lawyer, the charges might be questionable.
The Firearm Was Inoperable Or Unloaded
Was the gun in your trunk or unloaded when you were driving? Or was it disassembled so that it was inoperable? Possessing a disassembled firearm is not always illegal unless it was a machine gun.
First-Time Offense
The state has the First Time Weapon Offender Program that intends to rehabilitate rather than punish first-time offenders. You might qualify if your underlying crime has these factors and the prosecuting attorney agrees:
- You were under 21 at the time.
- The offense was non-violent.
- The offense was no worse than a Class 4 felony.
- You have yet to be in the Program.
- You did not have a protection order against you.
The state prosecutor will review the circumstances of the alleged gun crime, including your mental capacity and maturity and the risk to the public’s safety when deciding if you should be rehabilitated instead of punished.
If you are eligible for the first-time offender program, you must plead guilty to the underlying charge. The conviction is delayed until the rehabilitation program ends and you complete it successfully. Then, the charges may be dismissed. Your attorney will review if you qualify for the First Time Weapon Offender Program.
However, you may face an enhanced sentence if you committed a violent crime with a gun. For example, 15 years will be added if you committed the alleged crime with a firearm and 20 years if you discharged a firearm during the violent crime.
Contact Our Mount Prospect Gun Crime Attorneys
Have you been charged with a gun crime in Mount Prospect? You face years in prison, so you should contact an attorney immediately to protect your rights. Our attorneys at Villadonga & Villadonga can defend you against many gun charges, including felony possession, illegal transport, unlawful purchase, unlawful possession, and concealed carry violations. Please contact our Mount Prospect gun crime attorneys today at 847-298-5740.