Chicago Criminal Defense Lawyer Andrew M. Weisberg – When Gun Convictions or Weapons Violations Carry Severe Consequences
In Illinois, gun and weapons convictions are taken extremely seriously, often resulting in harsh penalties that can include mandatory prison sentences, heavy fines, and permanent marks on your criminal record. These consequences are particularly severe for individuals with prior criminal records or when weapons charges are coupled with other criminal offenses, such as home invasion, robbery, or drug-related crimes.
Given the complexities of Illinois weapons laws and the severe penalties associated with violations, it’s critical to have an experienced criminal defense attorney on your side. Andrew M. Weisberg is a top Chicago criminal lawyer with extensive experience defending clients against a wide range of weapons charges. He is dedicated to aggressively defending your rights and ensuring the best possible outcome in your case.
The Changing Landscape of Illinois Weapons Laws
Illinois weapons laws are continuously evolving, often becoming more stringent. As of January 1, 2024, new amendments have tightened regulations around gun ownership, possession, and use. The state requires strict compliance with laws regarding Firearm Owner’s Identification (FOID) cards, concealed carry permits, and the storage of firearms. Violating these laws can lead to severe penalties, including mandatory minimum sentences that leave little room for leniency.
Because of these changes, anyone charged with a weapons violation in Chicago or Cook County must consult with an experienced attorney like Andrew M. Weisberg to navigate the legal complexities and protect their rights.
Types of Weapons Charges in Illinois
Weapons charges can vary significantly based on the circumstances of the alleged crime, the type of weapon involved, and whether the incident resulted in injury or death. Below are some of the most common weapons charges in Illinois:
Unlawful Use of Weapons (UUW) – 720 ILCS 5/24-1
The charge of Unlawful Use of Weapons (UUW) encompasses a broad range of offenses related to the possession and use of firearms and other dangerous weapons. Despite the term “use” in the statute, UUW charges often involve possession rather than actual use of the weapon. The severity of the charge depends on factors such as the type of weapon, the location where it was found, and whether the individual had the proper documentation (like a FOID card).
- Class A Misdemeanor: For less severe offenses, such as carrying a firearm in a restricted area with a valid FOID card.
- Class X Felony: For more severe cases, such as carrying a firearm without a FOID card in a restricted area, which can lead to up to 30 years in prison.
Unlawful Use of Weapons by a Felon (UUW by Felon) – 720 ILCS 5/24-1.1
This charge applies specifically to individuals who have prior felony convictions and are found in possession of a firearm. It is illegal for a convicted felon to possess any firearm or dangerous weapon, even in their own home. A conviction for UUW by a felon typically results in severe penalties, including significant prison time.
- Class 3 Felony: This charge can result in 2 to 10 years in prison, depending on the circumstances of the case.
Aggravated Unlawful Use of Weapon (Agg UUW) – 720 ILCS 5/24-1.6
Aggravated Unlawful Use of a Weapon is a more serious charge that generally involves carrying a loaded, uncased, and immediately accessible firearm on a public street, sidewalk, or in a vehicle without a valid FOID card. The law requires mandatory prison time for those convicted of Agg UUW, making it one of the most severe weapons charges in Illinois.
- Class 4 Felony: Carries a sentence of 1 to 3 years in prison for a first offense.
- Class 2 Felony: For repeat offenders, this charge can result in 3 to 7 years in prison.
Reckless Discharge of a Firearm – 720 ILCS 5/24-1.5
This charge applies when an individual discharges a firearm in a reckless manner that endangers the safety of another person. Even if no one is injured, the mere act of firing a weapon in a reckless way can lead to serious consequences.
- Class 4 Felony: Punishable by 1 to 3 years in prison, though probation may be possible in some cases.
Aggravated Discharge of a Firearm – 720 ILCS 5/24-1.2
Aggravated Discharge of a Firearm is a much more severe charge, involving the intentional firing of a weapon in the direction of another person, building, or vehicle known to be occupied. This charge is often coupled with other serious offenses, such as attempted murder, due to the dangerous nature of the act.
- Class 1 Felony: Punishable by 4 to 15 years in prison.
- Class X Felony: If certain aggravating factors are present, the sentence can range from 6 to 30 years.
Attempted First Degree Murder – 720 ILCS 5/8-4(a) (720 5/9-1(a)(1))
Attempted First Degree Murder is one of the most serious charges an individual can face. This charge is often filed in cases where there is evidence that the accused intended to kill another person but did not succeed. Attempted murder charges frequently involve the use of firearms or other deadly weapons.
- Class X Felony: The sentence for attempted first-degree murder ranges from 6 to 30 years in prison. If a firearm is used, an additional 15 to 25 years may be added to the sentence.
The Importance of Legal Representation
Facing any of these charges without the aid of an experienced criminal defense attorney can lead to devastating consequences. Andrew M. Weisberg is a former Cook County prosecutor with extensive experience on both sides of the courtroom. His unique background allows him to anticipate the prosecution’s strategies and develop a robust defense to protect your rights.
Mr. Weisberg is committed to exploring every possible defense, whether that involves challenging the legality of the search and seizure, questioning the credibility of the prosecution’s evidence, or negotiating a favorable plea deal. His goal is always to achieve the best possible outcome for his clients, whether that means reduced charges, alternative sentencing options, or a full acquittal.
How Andrew M. Weisberg Can Help
When facing weapons charges in Illinois, it’s crucial to have a lawyer who understands the intricacies of state and federal laws, as well as the potential defenses available in your case. Andrew M. Weisberg offers:
- Comprehensive Case Evaluation: Mr. Weisberg will thoroughly analyze the facts of your case to identify any weaknesses in the prosecution’s evidence and build a strong defense.
- Aggressive Defense Strategy: Whether your case involves negotiating with prosecutors or going to trial, Mr. Weisberg will fight tirelessly to protect your rights.
- Access to Expert Witnesses: In cases where technical evidence is critical, Mr. Weisberg can bring in forensic experts, ballistics specialists, and other professionals to support your defense.
- Compassionate Client Service: Understanding the stress and uncertainty of facing serious charges, Mr. Weisberg ensures that his clients are fully informed and supported throughout the legal process.
Contact Andrew M. Weisberg for a Free Consultation
If you or a loved one has been charged with a gun or weapons violation in Chicago or suburban Cook County, do not delay in seeking legal counsel. Andrew M. Weisberg is available 24/7 to provide you with a free, confidential consultation. He will explain the legal process, discuss potential outcomes, and help you make informed decisions about your defense.
To reach Mr. Weisberg directly, call (773) 908-9811 at any time or fill out the Case Review form on our website. Your future is too important to leave to chance—get the legal help you need today.