Aggravated Unlawful Possession of Weapon

Charged with Aggravated Unlawful Possession of a Weapon in Chicago?

Get Defense Attorney Andrew M. Weisberg on Your Side

(Formerly Aggravated Unlawful Use of a Weapon – AUUW)

Facing an aggravated weapons charge in Illinois is one of the most serious criminal situations you can be in. A conviction for Aggravated Unlawful Possession of a Weapon (AUPW) can lead to years in prison, thousands in fines, and a permanent felony record that follows you for life.

Illinois already has some of the toughest gun laws in the country — and under the new Cook County State’s Attorney, prosecutors are now enforcing them more aggressively than ever. Probation is rarely offered, plea bargains are limited, and prison time is increasingly the standard outcome, even for first-time offenders.

If you or a loved one is charged with an aggravated weapons offense, do not face the State alone. Andrew M. Weisberg, a former Cook County prosecutor turned criminal defense attorney, knows how the prosecution builds these cases — and exactly how to dismantle them.

Call (773) 908-9811 today for a free, confidential consultation.

Harsher Gun Prosecution Under Cook County’s New Policies

In years past, first-time gun offenders — especially those with no violent background — could often avoid prison through probation, deferred prosecution, or reduced charges. That leniency is now gone.

Under Cook County’s new prosecution policies (effective December 2024):

• Prison time is now the default, not the exception.

• Bail and pretrial release are being denied more frequently, keeping defendants in custody while awaiting trial.

• More charges are being upgraded to felonies, including Class 2 and Class X levels.

• Plea deals are rare, with prosecutors discouraged from reducing charges.

In short, if you are facing an AUPW charge in Cook County, the risk of incarceration has never been greater — making it essential to have a knowledgeable, aggressive defense lawyer on your side.

Understanding Aggravated Unlawful Possession of a Weapon (AUPW)

Under 720 ILCS 5/24-1.6, Aggravated Unlawful Possession of a Weapon is an enhanced form of Unlawful Possession of a Weapon (UPW) that includes one or more aggravating factors. These factors dramatically increase both the seriousness of the charge and the potential penalties.

Common Aggravating Factors Include:

• Carrying a loaded firearm in public, especially in Chicago or other populated areas

• Possessing a firearm without a valid FOID card, even if you have a concealed carry license

• Being a convicted felon found in possession of a weapon

• Carrying a gun in a school zone, on public transportation, or government property

• Possessing a firearm while under 21, which is strictly prohibited under Illinois law

Penalties for Aggravated Unlawful Possession of a Weapon

Penalties for AUPW depend on the circumstances and prior record — but they are always severe. Under the new Cook County approach, probation is rarely granted, and prison time is often mandatory.

Class 4 Felony

• 1 to 3 years in prison

• Fines up to $25,000

Class 2 Felony

• 3 to 7 years in prison

• Applies when aggravating factors are present, such as possession in a school zone or by a felon

Class X Felony

• 6 to 30 years in prison

• Reserved for repeat offenders or multiple aggravating circumstances

• Probation is not available

Additional Consequences of a Conviction:

• Permanent felony record (cannot be sealed or expunged)

• Loss of firearm rights for life

• Immigration consequences, including deportation or denial of citizenship

In today’s legal environment, the difference between freedom and a lengthy prison sentence can come down to the quality of your defense.

Strategic Defense Against Aggravated Weapons Charges

Every weapons case has unique facts — and a strong defense begins with identifying the weaknesses in the prosecution’s evidence. Andrew M. Weisberg uses his prosecutorial background to evaluate the State’s strategy and develop the most effective defense possible.

Potential Defenses Include:

• Illegal Search and Seizure: If the firearm was found during an unlawful traffic stop or search, evidence may be suppressed.

• Lack of Possession: If the gun wasn’t in your control or ownership (for example, found in another person’s vehicle), the possession element may not be proven.

• Mistaken Identity: Eyewitness errors and flawed reports can lead to wrongful accusations.

• Violation of Rights: Coerced confessions or failure to read Miranda rights can render evidence inadmissible.

Andrew works relentlessly to uncover procedural mistakes, challenge unconstitutional evidence, and push for dismissal or reduction of charges wherever possible.

Why Choose Andrew M. Weisberg to Defend Your AUPW Case

As a former felony prosecutor, Andrew M. Weisberg knows how Cook County prosecutors prepare and present weapons cases — and how to stay one step ahead.

What Sets Him Apart:
✅ Insider Knowledge of the State’s Strategies – Years of experience working in the same courtrooms where your case will be tried.
✅ Proven Results – Successfully defended numerous clients facing serious firearm charges in Cook County.
✅ Hands-On Representation – Andrew personally handles your case from start to finish.
✅ Relentless Advocacy – Every angle is analyzed; every opportunity for dismissal or reduction is pursued.

Whether through negotiation or trial, Andrew’s mission is to protect your rights, your freedom, and your future.

Contact Andrew M. Weisberg Today for a Strong Defense

With Cook County prosecutors taking a tougher stance on gun cases than ever before, you need a defense attorney who knows exactly how to fight back.

Call (773) 908-9811 now for a free, confidential consultation, or complete the Case Review Form on this website.

Attorney Andrew M. Weisberg is available 24/7 to discuss your case, answer your questions, and begin building your defense immediately.