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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Unlawful Possession of Weapon
Charged with Unlawful Possession of a Weapon (UPW) in Chicago? Andrew M. Weisberg Can Defend Your Rights
(Formerly Unlawful Use of Weapon (UUW)
Unlawful Possession of a Weapon (UPW) is a serious criminal offense in Illinois that carries severe penalties, including imprisonment, fines, and a permanent criminal record. If you are facing charges of UPW in Chicago, it is essential to have an experienced and aggressive defense attorney like Andrew M. Weisberg on your side to protect your rights and fight for the best possible outcome.
Understanding Unlawful Possession of a Weapon (UPW) in Illinois
Under Illinois law, specifically 720 ILCS 5/24-1, Unlawful Possession of a Weapon (UPW) encompasses a range of offenses related to the illegal possession, carrying, or use of firearms and other weapons. UPW charges can arise from various situations, including carrying a concealed weapon without a valid permit, possessing a firearm without a Firearm Owner’s Identification (FOID) card, or carrying a weapon in a prohibited location.
Key elements of UPW offenses include:
Possession Without a FOID Card: In Illinois, individuals must have a valid FOID card to legally possess a firearm. Possession of a firearm without this card is a common basis for UPW charges.
Carrying a Concealed Weapon Without a Permit: Illinois law requires individuals to have a concealed carry permit to lawfully carry a concealed firearm. Carrying a concealed weapon without this permit can result in UPW charges.
Possession of a Weapon in Prohibited Areas: Certain locations, such as schools, government buildings, and public transportation, are designated as weapon-free zones. Carrying a weapon in these areas can lead to UPW charges.
Illegal Sale or Transfer of a Weapon: Engaging in the sale or transfer of a firearm without following proper legal procedures can also result in UPW charges.
Illinois has strict gun control laws, and violations of these laws are aggressively prosecuted, particularly in Chicago, where gun violence is a significant concern.
Penalties for Unlawful Possession of a Weapon (UPW) in Chicago
The penalties for UPW in Illinois depend on the specific circumstances of the offense, the type of weapon involved, and the defendant’s prior criminal history:
Class A Misdemeanor: Basic UPW charges, such as carrying a firearm without a valid FOID card, are typically classified as Class A misdemeanors. Penalties include up to 1 year in jail and fines of up to $2,500.
Class 4 Felony: Aggravated UPW (Formerly Aggravated UUW), such as carrying a loaded firearm in a public place without a permit, is classified as a Class 4 felony, carrying a potential prison sentence of 1 to 3 years and fines of up to $25,000.
Class 2 Felony: UPW charges can be elevated to a Class 2 felony if the offense involves the possession of a weapon by a convicted felon, possession in a school zone, or possession with the intent to commit a crime. This carries a potential prison sentence of 3 to 7 years.
Enhanced Penalties: If the defendant has prior convictions for UPW or other violent crimes, the penalties may be significantly more severe, including longer prison terms and higher fines.
Permanent Criminal Record: A conviction for UPW will result in a permanent criminal record, which can severely impact your ability to secure employment, housing, and other opportunities in the future.
Given these penalties, it is essential to have a skilled and experienced defense attorney who can challenge the prosecution’s case and work to protect your future.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling gun-related cases, including charges of UPW. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s thorough understanding of Illinois gun laws ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
Defending Against Charges of UPW in Chicago
Successfully defending against charges of UPW requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing every piece of evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Lack of Knowledge: The prosecution must prove that you knowingly possessed or carried the weapon. If there is doubt about your knowledge or intent, this could be a significant defense.
Constitutional Rights Violations: If law enforcement officers conducted an unlawful search, seizure, or arrest, Andrew may be able to have the evidence obtained during that search excluded from the trial, weakening the prosecution’s case.
Valid Permit: If you possessed a valid FOID card or concealed carry permit but were wrongly charged, Andrew will work to demonstrate that you were in compliance with the law.
Self-Defense: In some situations, possession or use of a weapon may be justified under self-defense laws. Andrew may argue that your actions were necessary to protect yourself or others from imminent harm.
Andrew will work tirelessly to build a strong defense, aiming to reduce the charges, negotiate a favorable plea, or secure an acquittal.
The Importance of Early Legal Intervention
If you have been charged with UUW, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
Andrew M. Weisberg: Committed to Your Defense
Facing charges of UPW can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with UPW in Chicago, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
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