Chicago Criminal Defense Lawyer Andrew M. Weisberg – When Gun Charges Carry Harsh Consequences
Gun and weapons charges in Illinois have always carried serious risks, but under the current Cook County State’s Attorney, prosecutions have become even more aggressive. Cases that once ended with probation or reduced charges are now being pursued as felonies requiring mandatory prison time. If you are accused of a weapons offense, the stakes are higher than ever, and having an experienced attorney involved from the beginning is essential to protecting your freedom.
Andrew M. Weisberg is a former Cook County prosecutor and now a respected Chicago criminal defense attorney who understands both sides of the courtroom. His insight into the evolving landscape of Illinois gun laws allows him to challenge these cases effectively and pursue the best possible outcome for every client.
Tougher Prosecution of Gun Cases in Cook County
Until recently, many weapons cases in Cook County were resolved through probation, diversion programs, or plea deals that avoided incarceration. Since December 2024, however, the new State’s Attorney has directed prosecutors to take a far harsher stance. Felony gun charges that once carried the possibility of probation now frequently result in prison recommendations, and even first-time offenders are seeing fewer opportunities for leniency.
This new approach has led to:
• More felony filings where probation used to be available
• Increased pursuit of mandatory-minimum sentences
• Reduced willingness by prosecutors to negotiate or offer alternatives to conviction
These policy shifts make it more important than ever to have an attorney who knows how to challenge the evidence, identify procedural errors, and negotiate effectively when appropriate.
Illinois Gun and Weapons Laws: Serious Charges and Severe Penalties
Illinois has some of the most restrictive firearm laws in the nation. A conviction can lead to felony penalties, prison time, and a permanent record that follows you for life. Below are several of the most common charges and their potential consequences.
Unlawful Possession of Weapons (UPW) – 720 ILCS 5/24-1
(Formerly Unlawful Use of Weapons; the statute was renamed in 2025 to emphasize possession rather than use.)
• Class A Misdemeanor – Possessing a firearm in a restricted area with a valid FOID card
• Class X Felony – Carrying a firearm without a FOID card in a restricted area; up to 30 years in prison
Unlawful Possession of Weapons by a Felon (UPW by Felon) – 720 ILCS 5/24-1.1
(Formerly Unlawful Use of Weapons by a Felon; renamed in 2025.)
• Class 3 Felony – Two to ten years in prison for possession of a firearm by a convicted felon
Aggravated Unlawful Possession of a Weapon (Agg UPW) – 720 ILCS 5/24-1.6
(Formerly Aggravated Unlawful Use of a Weapon; renamed in 2025.)
• Class 4 Felony – One to three years in prison for carrying a loaded, uncased firearm in public without a FOID card
• Class 2 Felony – Three to seven years in prison for repeat offenders or when the weapon is found in a prohibited location
Reckless Discharge of a Firearm – 720 ILCS 5/24-1.5
• Class 4 Felony – One to three years in prison; probation, once common, is now rare under the new prosecution policy
Aggravated Discharge of a Firearm – 720 ILCS 5/24-1.2
• Class 1 Felony – Four to fifteen years in prison for firing in the direction of a person, vehicle, or building
• Class X Felony – Six to thirty years in prison if aggravating factors apply
Attempted First-Degree Murder – 720 ILCS 5/8-4(a) and 720 ILCS 5/9-1(a)(1)
• Class X Felony – Six to thirty years in prison, with an additional fifteen to twenty-five years if a firearm was used
Why You Need an Experienced Gun-Charge Defense Attorney
The Cook County State’s Attorney’s Office now treats nearly every gun charge as a priority prosecution. A felony conviction can mean mandatory prison, loss of firearm rights, and a criminal record that limits future employment, housing, and professional opportunities.
Andrew M. Weisberg has handled countless gun cases as both a prosecutor and a defense attorney. His ability to view the case from the State’s perspective allows him to build targeted defenses that anticipate and counter prosecutorial strategy.
Defending Against Gun and Weapons Charges in Chicago
Andrew M. Weisberg approaches each case with careful analysis and a focus on results. Defense strategies may include:
• Challenging the legality of the search or seizure—if police violated your Fourth Amendment rights, evidence can be suppressed
• Proving lack of possession—when a firearm is not found on your person or in your control, the State’s case may collapse
• Contesting constructive possession—being near a weapon does not always prove ownership or control
• Negotiating for charge reduction or alternative sentencing—when appropriate, reducing a felony to a misdemeanor can protect your record and your future
Given the new, stricter policies, acting quickly is vital. The State begins building its case immediately, and you need an attorney who can respond just as aggressively.
Contact Andrew M. Weisberg for a Strong Defense
If you or someone you care about has been charged with a gun or weapons offense in Chicago, do not wait to get help. The current prosecutorial climate means that even minor firearm violations can result in life-changing penalties.
Call Andrew M. Weisberg today at (773) 908-9811 for a free and confidential consultation, or complete the online Case Review Form to get immediate legal assistance.
With Cook County’s intensified focus on gun crimes, your freedom and future are at stake. Andrew M. Weisberg will fight tirelessly to protect your rights and secure the strongest possible defense.
