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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Armed Habitual Criminal
Armed Habitual Criminal Charges in Chicago, Illinois
Being charged as an 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 Armed Habitual Criminal 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.
What Constitutes an Armed Habitual Criminal in Illinois?
Under Illinois law, specifically 720 ILCS 5/24-1.7, a person is charged as an Armed Habitual Criminal 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 an Armed Habitual Criminal 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 of Armed Habitual Criminal 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 Armed Habitual Criminal in Chicago
The penalties for being convicted as an Armed Habitual Criminal in Illinois are severe, reflecting the gravity of the charge:
Class X Felony: Armed Habitual Criminal is classified 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 for Armed Habitual Criminal 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.
Armed Habitual Criminal 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 Armed Habitual Criminal 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 Armed Habitual Criminal Charges in Chicago
Facing an Armed Habitual Criminal 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 Armed Habitual Criminal 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 for Armed Habitual Criminal Charges
Successfully defending against an Armed Habitual Criminal 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 Armed Habitual Criminal 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 Armed Habitual Criminal 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. Armed Habitual Criminal charges are among the most serious you can face, and Andrew is ready to provide the defense you need to protect your future.
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