Blog Home Defending Against Unlawful Weapons Possession Charges in Chicago
Facing charges of unlawful weapons possession in Chicago can have serious legal consequences, including fines, probation, and even imprisonment. Understanding the common scenarios that lead to such charges and the potential defense strategies available is essential for individuals navigating the criminal justice system. In this blog, we will delve into the intricacies of defending against unlawful weapons possession charges in Chicago, exploring common scenarios, legal defenses, and the importance of seeking representation from an experienced criminal defense lawyer.
Common Scenarios Leading to Unlawful Weapons Possession Charges:
In Chicago, unlawful weapons possession charges can arise in various situations, including:
- Carrying a Concealed Weapon Without a Permit: Illinois law requires individuals to obtain a concealed carry permit to carry a concealed firearm in public. Those found carrying a concealed weapon without a permit may face charges of unlawful possession of a concealed firearm.
- Possessing a Firearm as a Convicted Felon: Individuals with felony convictions are prohibited from possessing firearms under Illinois law. Possessing a firearm as a convicted felon constitutes unlawful possession of a weapon and can result in criminal charges.
- Possessing a Weapon in Prohibited Locations: Certain locations in Chicago, such as schools, government buildings, and public transportation facilities, have restrictions on the possession of weapons. Violating these restrictions can lead to charges of unlawful possession of a weapon in a prohibited location.
Defense Strategies for Unlawful Weapons Possession Charges:
When facing charges of unlawful weapons possession in Chicago, several defense strategies may be employed, including:
- Challenging Unlawful Search and Seizure: If law enforcement officers obtained evidence of weapons possession through an unlawful search or seizure, it may be possible to have the evidence suppressed. The Fourth Amendment protects individuals from unreasonable searches and seizures, and evidence obtained in violation of this right may be deemed inadmissible in court.
- Lack of Knowledge or Control: In some cases, individuals may be unaware of the presence of a weapon or lack control over the weapon’s possession. Establishing that the defendant did not knowingly possess the weapon or exercise control over it may be a viable defense strategy.
- Self-Defense: Individuals may argue that they possessed the weapon for self-defense purposes, especially in situations where they faced imminent danger or threats to their safety. Demonstrating that the weapon was carried for legitimate self-defense reasons may help mitigate charges of unlawful weapons possession.
- Invalidating Prior Convictions: In cases where individuals are charged with possessing a firearm as a convicted felon, challenging the validity of prior convictions or seeking to have them vacated may be a defense strategy. If successful, individuals may no longer be considered felons under the law and thus not subject to the prohibition on firearm possession.
The Importance of Legal Representation:
Navigating charges of unlawful weapons possession in Chicago can be complex and daunting, especially for individuals unfamiliar with the legal system. It is crucial for those facing such charges to seek legal representation from an experienced criminal defense lawyer who understands Illinois’ firearms laws and defense strategies. A skilled attorney can assess the facts of the case, develop a strategic defense plan, and advocate on behalf of the accused to protect their rights and achieve the best possible outcome. By enlisting the services of a competent lawyer, individuals facing charges of unlawful weapons possession can ensure that their interests are effectively represented and their legal rights are upheld throughout the legal process.
About the Author:
Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.
