Orland Park Unlawful Use of a Weapon Lawyer

Tinley Park Weapons Charges Attorney for Crimes Involving Guns, Firearms, and Other Weapons

Criminal offenses related to firearms have received a great deal of attention in recent years. Gun violence in Illinois and throughout the United States has led the public, lawmakers, and prosecutors to demand more accountability for gun crimes and harsher sentencing for people who violate gun laws. Because of the harsh penalties that may apply for those who are accused of violations related to firearms or other weapons, it is crucial to secure representation from an attorney who understands Illinois' gun laws, has experience addressing issues related to search and seizure, and knows how to defend against charges of unlawful use of a weapon or other offenses related to firearms and other weapons.

At Issa Law, LLC, we can provide strong representation for people who have been accused of weapons offenses. We work to protect the rights of our clients and ensure that they can resolve these cases successfully. Depending on the facts of a case, the seizure of a weapon by law enforcement may have been a violation of a defendant's 4th Amendment rights under the United States Constitution. We have been able to have gun charges dismissed due to an illegal search by the police or an illegal stop or search of a vehicle. We will work to resolve these situations while minimizing the penalties that our clients may face and protecting their constitutional rights.

Unlawful Use of a Pistol, Revolver, Stun Gun/Taser, or Other Firearm

A person may be charged with unlawful use of a weapon in a variety of situations. These charges may apply if a person carries a concealed firearm without a permit, possesses certain types of prohibited weapons such as brass knuckles or switchblades, or carries weapons in prohibited locations. As with all criminal cases, the State has the burden of proof. Prosecutors must prove all elements of the offense beyond a reasonable doubt, including that a person knowingly had possession of a weapon in violation of the law.

In general, a person accused of unlawful use of a weapon involving carrying a concealed firearm may be charged with a Class A misdemeanor, and they may be sentenced to a maximum of 364 days in prison. A second or subsequent violation may lead to Class 3 felony charges, and if convicted, a person may be sentenced to between three and seven years in prison. Class 3 felony charges may also apply if a person allegedly carried a weapon in locations such as a school, a public park, a courthouse, or on public transportation. Probation may be available in cases involving charges of unlawful use of a weapon.

Aggravated Unlawful Use of a Weapon

In Illinois, the unlawful use of a weapon may lead to more serious charges when an alleged offense involves certain aggravating factors. These circumstances may include carrying a concealed pistol, revolver, handgun, or taser on property owned by someone else and without a concealed carry permit or carrying one of these weapons or transporting them in a vehicle without a valid Firearm Owner's Identification (FOID) card. The aggravated unlawful use of a weapon law does not apply to the transportation or possession of weapons that are broken down to a non-functioning state, are not immediately accessible, or are unloaded and enclosed in a case, as long as a person has a valid FOID card.

Aggravated unlawful use of a weapon is a Class 4 felony for a first offense, which carries a sentence of between one and three years in a state prison. A second or subsequent offense is a Class 2 felony with a potential sentence of between three and seven years in a state prison. If an offense is committed while wearing or in possession of body armor, it may be considered a Class X felony, and a conviction can result in a sentence of between six and 30 years in state prison. Any felony convictions may also result in fines of up to $25,000. Probation may be possible for Class 2 or Class 4 felony offenses. However, court supervision generally will not be available.

Contact Our Joliet Unlawful Use of a Weapon Defense Attorney

Our firm is experienced in criminal cases involving firearms or other weapons. To get legal help, contact us at 708-966-2408 and arrange a consultation.