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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Aggravated Unlawful Use of Weapon
Get Chicago Defense Attorney Andrew M. Weisberg on Your Side for Aggravated Unlawful Use of a Weapon Charges
Being charged with Aggravated Unlawful Use of a Weapon (AUUW) in Illinois is a serious matter that can have long-lasting consequences on your life. In Illinois, AUUW charges are treated as felonies, meaning that a conviction can lead to substantial prison time, hefty fines, and a permanent criminal record. If you or a loved one is facing such charges, it is crucial to have a highly skilled defense attorney on your side. Chicago criminal defense attorney Andrew M. Weisberg has the experience, knowledge, and determination needed to provide you with the strongest defense possible.
Understanding Aggravated Unlawful Use of a Weapon in Illinois
Under Illinois law, the charge of Aggravated Unlawful Use of a Weapon is codified in 720 ILCS 5/24-1.6. The statute outlines several circumstances under which the possession or use of a firearm or other weapon can result in an AUUW charge. Unlike a standard Unlawful Use of a Weapon (UUW) charge, which might involve minor violations such as carrying a firearm without a valid Firearm Owner’s Identification (FOID) card, AUUW charges are brought when there are aggravating factors that make the offense more severe.
Aggravating factors can include, but are not limited to:
Possession of a firearm on a public street or in a public place: Carrying a loaded firearm in public, especially in a densely populated area like Chicago, can elevate a simple UUW charge to an AUUW charge.
Possession of a firearm without a valid FOID card: Even if you have a concealed carry permit, you must also have a valid FOID card. Failure to have this card can result in an AUUW charge.
Possession of a firearm by a felon: If you have a prior felony conviction, being caught with a firearm can lead to aggravated charges.
Possession of a firearm in a school zone or on government property: Carrying a weapon in these restricted areas is considered an aggravating factor.
Possession of a firearm by someone under the age of 21: In Illinois, stricter rules apply to firearm possession by individuals under 21, and violations can lead to AUUW charges.
Penalties for Aggravated Unlawful Use of a Weapon in Illinois
The penalties for AUUW are severe and vary depending on the circumstances of the offense and the defendant’s criminal history. In general, AUUW is classified as a Class 4 felony in Illinois, but it can be upgraded to a more severe felony class under certain conditions.
Class 4 Felony: This is the baseline classification for AUUW, carrying potential penalties of 1 to 3 years in prison and fines of up to $25,000.
Class 2 Felony: If aggravating factors are present, such as possession of a firearm by a felon or possession on school grounds, the charge can be elevated to a Class 2 felony. This carries a penalty of 3 to 7 years in prison.
Class X Felony: In extreme cases, such as repeated offenses or other significant aggravating factors, the charge can be elevated to a Class X felony. This carries a penalty of 6 to 30 years in prison without the possibility of probation.
Beyond the immediate penalties, a conviction for AUUW can have far-reaching consequences, including:
Permanent Criminal Record: A felony conviction will remain on your record permanently, affecting your ability to find employment, secure housing, or obtain loans.
Loss of Gun Rights: Convicted felons lose the right to possess firearms, which can have a lasting impact, especially for those who rely on firearms for personal protection or work.
Social Stigma: The stigma of a felony conviction can strain personal relationships and damage your reputation within your community.
Knowledgeable Chicago Defense Attorney Can Help You Understand and Fight AUUW Charges
Understanding the complexities of AUUW charges is essential for mounting a strong defense. In many cases, AUUW charges are based on specific interpretations of the law that can be challenged in court. For example, there may be questions about whether the firearm was actually in your possession, whether law enforcement had probable cause for the search and seizure, or whether your rights were violated during the arrest.
Andrew M. Weisberg is a seasoned criminal defense attorney in Chicago with a deep understanding of Illinois weapon laws. His background as a former prosecutor gives him unique insights into how the state builds its cases against defendants. This experience allows him to anticipate the prosecution’s strategies and effectively counter them.
Strategic Defense Against Aggravated Unlawful Use of a Weapon Charges
The key to a successful defense against AUUW charges lies in a thorough investigation and a strategic approach to challenging the prosecution’s case. Some potential defenses that Andrew M. Weisberg may explore include:
Unlawful Search and Seizure: If law enforcement conducted an illegal search or violated your rights during the arrest, any evidence obtained as a result may be inadmissible in court. This could lead to a dismissal of the charges.
Lack of Possession: In some cases, the prosecution may struggle to prove that the firearm was in your possession or control. Challenging the evidence of possession can be a crucial part of your defense.
Mistaken Identity: If there is doubt about whether you were the individual in possession of the weapon, mistaken identity may be a viable defense.
Lack of Intent: In certain cases, the prosecution must prove that you intended to use the weapon unlawfully. Demonstrating that you had no such intent can weaken the state’s case.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
When facing AUUW charges, you need a defense attorney who not only understands the law but also knows how to navigate the complexities of the criminal justice system. Andrew M. Weisberg has a proven track record of successfully defending clients against serious criminal charges, including AUUW. His approach is thorough, strategic, and tailored to the unique circumstances of each case.
Mr. Weisberg is committed to providing aggressive defense while ensuring that his clients are treated with the respect and dignity they deserve. He will work closely with you throughout the legal process, keeping you informed and involved every step of the way.
Contact Andrew M. Weisberg for a Free Consultation
If you have been charged with Aggravated Unlawful Use of a Weapon in Chicago, do not wait to seek legal representation. The sooner you act, the better your chances of achieving a favorable outcome. Contact Andrew M. Weisberg today for a free consultation. He is available 24/7 to discuss your case and provide the expert legal guidance you need.
Call Andrew M. Weisberg at (773) 908-9811 or fill out the Case Review form on our website to schedule your consultation. Your future is too important to leave to chance—get the defense you deserve.
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