Unlawful Possession Of Firearm by a Repeat Felony Offender Charges in Chicago, Illinois

(Formerly Armed Habitual Criminal)

Being charged with Unlawful Possession Of Firearm by a Repeat Felony Offender (Formerly Armed Habitual Criminal) is one of the most serious offenses under Illinois law, carrying severe penalties that can include lengthy prison sentences. In Chicago, where gun-related crimes are aggressively prosecuted, an Unlawful Possession Of Firearm by a Repeat Felony Offender charge can drastically alter your life. If you are facing this charge, it is crucial to understand the gravity of the situation, the potential penalties, and the importance of securing a highly skilled defense attorney to protect your rights and future.

The New Cook County State’s Attorney: Tougher on Gun and Other Offenses

With the recent election of a new Cook County State’s Attorney, there is an increasing focus on stricter enforcement of gun-related crimes. The new administration has vowed to take a firmer stance on firearm offenses, seeking harsher sentences and prioritizing cases involving repeat felony offenders. This shift in policy means that individuals charged with Unlawful Possession Of Firearm by a Repeat Felony Offender in Cook County should expect aggressive prosecution and limited plea options. Now more than ever, securing an experienced defense attorney is critical.

What Constitutes an Unlawful Possession Of Firearm by a Repeat Felony Offender in Illinois?

Under Illinois law, specifically 720 ILCS 5/24-1.7, a person is charged with Unlawful Possession Of Firearm by a Repeat Felony Offender if they are found in possession of a firearm after having been previously convicted of two or more qualifying felonies. The qualifying felonies that can lead to this charge include, but are not limited to:

• Forcible Felonies: Crimes such as murder, robbery, burglary, residential burglary, aggravated battery, and other serious offenses.
• Drug Offenses: Felony drug offenses, including possession of controlled substances with intent to deliver.
• Firearm Offenses: Previous convictions for firearm-related offenses, such as unlawful use of a weapon by a felon.

The charge is designed to target repeat offenders with a history of serious criminal activity involving violence or firearms. Because of the repeat nature of the offense, this charge carries exceptionally harsh penalties.

Penalties for Unlawful Possession Of Firearm by a Repeat Felony Offender in Chicago

The penalties for being convicted of Unlawful Possession Of Firearm by a Repeat Felony Offender in Illinois are severe, reflecting the gravity of the charge:

• Class X Felony: Charged as a Class X felony, the most serious felony category in Illinois short of first-degree murder. A conviction carries a mandatory prison sentence of 6 to 30 years.
• No Probation: A Class X felony does not allow for probation. This means that if convicted, a prison sentence is mandatory.
• Extended Sentencing: Depending on the circumstances, the sentence could be extended beyond 30 years, particularly if other aggravating factors are present or if the defendant has an extensive criminal history.
• Permanent Criminal Record: A conviction as an Armed Habitual Criminal will result in a permanent criminal record, severely impacting future employment opportunities, housing, and other aspects of life.

Unlawful Possession Of Firearm by a Repeat Felony Offender Charges in Chicago: Local Enforcement

In Chicago, law enforcement agencies, including the Chicago Police Department and federal agencies, work closely to investigate and prosecute firearm-related crimes. The Cook County State’s Attorney’s Office aggressively pursues these charges, often seeking the maximum penalties allowed by law. Given the city’s focus on reducing gun violence, individuals charged as an Armed Habitual Criminal can expect to face a determined and well-resourced prosecution.

Defending Against Unlawful Possession Of Firearm by a Repeat Felony Offender Charges in Chicago

Facing an Unlawful Possession Of Firearm by a Repeat Felony Offender charge requires a defense attorney with extensive experience in handling complex firearm-related cases. Andrew M. Weisberg brings a wealth of experience as a former Cook County prosecutor, giving him unique insights into how these cases are prosecuted and how best to defend against them.

Andrew understands the high stakes involved in an Unlawful Possession Of Firearm by a Repeat Felony Offender charge. His approach emphasizes thorough preparation, strategic thinking, and a deep understanding of the law. Andrew is committed to providing clear communication and personal attention, ensuring that you are fully informed and involved in every aspect of your defense.

Strategic Defenses

Successfully defending against an Unlawful Possession Of Firearm by a Repeat Felony Offender charge requires a meticulous and strategic approach. Some potential defenses that Andrew may explore include:

• Challenging the Validity of Prior Convictions: The charge of Armed Habitual Criminal relies on the presence of two or more prior qualifying felony convictions. Andrew will carefully examine the validity of these prior convictions, looking for any potential legal issues, such as violations of your rights or procedural errors, that could undermine the prosecution’s case.
• Unlawful Search and Seizure: If the firearm in question was obtained through an unlawful search or seizure, Andrew will challenge the admissibility of this evidence. Any violation of your Fourth Amendment rights could be pivotal in your defense.
• Possession Issues: The prosecution must prove that you were in actual or constructive possession of the firearm. If there is doubt about whether the firearm was in your possession or control, this could weaken the prosecution’s case.
• Violation of Constitutional Rights: Andrew will meticulously review the circumstances of your arrest and the investigation to ensure that your constitutional rights were fully protected. Any violations, such as coercion during questioning or improper handling of evidence, will be challenged in court.

Why Andrew M. Weisberg is the Right Choice for Your Defense

When facing an Unlawful Possession Of Firearm by a Repeat Felony Offender charge in Chicago, having a defense attorney with the right experience, knowledge, and dedication is essential. Andrew M. Weisberg offers the distinct advantage of having worked as both a prosecutor and a defense attorney, providing him with unique insights into how these cases are handled and how best to defend against them.

Andrew’s commitment to his clients is reflected in his thorough approach to each case, his clear communication, and his unwavering dedication to achieving the best possible outcome. If you or a loved one is facing Unlawful Possession Of Firearm by a Repeat Felony Offender charges, you need an attorney who will fight for your rights and provide the legal and emotional support you need.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation. Unlawful Possession Of Firearm by a Repeat Felony Offender charges are among the most serious you can face, and Andrew is ready to provide the defense you need to protect your future.