Experienced Defense Against Aggravated Weapon Charges And Unlawful Use
The penalties and often lifelong consequences of any felony weapons charge require the skillful, strategic, proven and calculated defense of an experienced criminal defense attorney. The team at Shifrin Law Group, in Chicago, is prepared to represent your best interests in these cases.
What These Charges Typically Involve
Under Illinois law, if you are in possession of a firearm and you are anywhere but on your own land, residence, or place of business, you can be charged with the felony offense of Aggravated Unlawful Use Of Weapons (AUUW) if:
- The firearm was uncased, loaded, and immediately accessible;
- The firearm was uncased, unloaded, but the ammunition was immediately accessible;
- You did not possess a FOID card or a conceal and carry license; or
- Other aggravating factors were present.
AUUW carries a minimum sentence of one year in prison if you cannot win at trial. Typically, AUUW is a Class 4 felony, but if this is your second AUUW conviction, you’re over the age of 18, or you’re a felon at the time of arrest, your AUUW charge may be a nonprobational offense. This means you cannot receive probation. In this case, you are facing a minimum sentence of one year in prison.
The First-Time Offender Program
Illinois has a First Time Weapon Offender Program that can prevent you from being convicted and sent to jail for an AUUW charge. This program gives a defendant probation and additional guidelines/requirements rather than a prison sentence. In order to be eligible for the First Time Weapon Offender Program, you have to be under 21, have no prior violent convictions or juvenile adjudications, do not currently have an order of protection against you and have never completed the program previously. We represent those charged with both misdemeanor offenses and felony charges of many kinds.
Aggravated Discharge Of A Firearm
In Illinois, you can be charged with aggravated discharge of a firearm if you discharge a firearm in an extremely unsafe manner. The circumstances surrounding the discharge of a firearm that make it extremely unsafe can be seen in a variety of factors, such as: firing at others, firing into a vehicle or structure, or using a silencer. Aggravated discharge of a firearm is a Class 1 felony and is punishable by 4-15 years in prison.
There are many different types of serious weapon-related charges in Illinois, each of which can come with serious penalties. The Illinois Concealed Carry Act states that all gun owners must possess a Firearm Owners Identification Card (FOIC). Any person possessing a gun in Illinois without one of these IDs can be charged with the unlawful use of a weapon. Unlawful use of weapon charges can lead to serious fines and jail sentences.
Who Can Possess A Weapon
Illinois also places strict limitations on who can possess a weapon. People with felonies or domestic battery, assault, and other violent convictions on their records will be denied a Firearm Owners Identification (FOID) card.
Additionally, people with records involving narcotics, those dishonorably discharged from the military, and individuals with certain mental or intellectual disabilities will not be permitted to possess a weapon.
It is also illegal for anyone to possess certain types of weapons in the state of Illinois. If you are in possession of any of the following types of firearms/accessories, you can be charged with a felony:
- Sawed-off shotgun
- Modified rifle
- Automatic weapon or machine gun
- Firearm with a defaced serial number
It is always in your best interest to have dedicated, competent counsel. We can help ensure that you do.
Call 312-766-4223 For A Free Consultation
If you have been charged with Aggravated Unlawful Use Of A Weapon or other weapon-related crime, get proven criminal defense. These types of charges can lead to serious penalties. A skilled criminal defense attorney can help you navigate your legal future. You can also ask a question or request a free consultation via our online contact form. Our founding attorney speaks fluent Russian, making us capable of serving you in either the English or Russian language.