What is an Aggravated Unlawful Use of a Weapon Charge in Chicago?
You can be charged with the aggravated unlawful use of a weapon charge in Chicago if you “carried an uncased, loaded, or immediately accessible firearm without a valid Firearm Owner’s Identification (FOID) card or a Concealed Carry License (CCL).
If you are facing an aggravated unlawful use of a weapon charge in Chicago, we are here to make this time a little less scary. When you call our Chicago aggravated unlawful use of a weapon lawyers, you can rest assured that we have both the extensive legal knowledge and proven defense skills you are looking for. Give us a call today at (314) 900-HELP.
How Aggravated Unlawful Weapons Cases Typically Begin in Chicago
Aggravated unlawful weapons cases typically begin with any of the following circumstances:
- Weapon Condition/Accessibility: Your gun was uncased, loaded and immediately accessible
- Lack of Documentation: You did not have a valid Firearm Owner’s Identification (FOID) card on you
- Illegal Location: You possessed a firearm on public property (as opposed to carrying on your own property/land), such as on a street or in a park, without a valid license
- Special Circumstances: You are under 21 years of age and you were not engaging in lawful activity, you are subjected to an active order of protection, you were engaged in a misdemeanor violation of the Cannabis Control Act / Controlled Substances Act or you are a convicted felon.
Why Do Some Weapon Charges Get Elevated to Felonies in Chicago?
Illinois has strict gun laws, aimed at curbing violence. Additionally, certain factors can heighten a weapons charge in Chicago such as:
- Possessing a weapon in a prohibited area, such as at a school, park or government facility
- Using a prohibited weapon such as a fully automatic firearm, machine gun, silencer or certain types of assault weapons
- Having a felony record already (being a “felon in possession” is a Class 3 or higher charge)
When the circumstances surrounding your charge involve a higher risk to public safety, you can expect to face harsher penalties in Chicago.
How Do I Challenge the Aggravated Element in my Chicago Weapons Case?
If you have been charged with the aggravated unlawful use of a weapon in Chicago, our legal team at Combs Waterkotte can help you attack the specific elements that elevated your offense.
That means challenging lack of a FOID/CCL, the search and seizure that led to your arrest, and how accessible you were to the weapon in question (or showing that it was unloaded).
We may be able to apply the following defenses to your case:
- Your constitutional rights were violated when police seized your gun
- Your gun was broken down or safely locked away in a case
- You are a valid gun owner who possesses an up-to-date FOID/CCL card
- You can’t be linked to the weapon directly because the evidence in question is incorrect or insufficient
- You needed the weapon for your immediate safety
Why Early Intervention in a Chicago Aggravated Unlawful Use of a Weapon Case Matters
As soon as you have been arrested for aggravated unlawful use of a weapon in Chicago, you should not delay in contacting and retaining a Chicago criminal defense lawyer.
- Prevent charges from being filed in the first place
- Challenge evidence before it becomes entrenched
- Identify flaws such as illegal searches or conflicting testimonies
- Negotiate with prosecutors for reduced charges
- Advocate for reduced penalties such as diversion programs
The sooner you retain our Chicago aggravated unlawful use of a weapon lawyers, the quicker we can move to get evidence suppressed or fight to get your charges dismissed.
The Long-Term Consequences of an Aggravated Unlawful Use of a Weapon Conviction in Chicago
- 1–3 years in state prison
- Fines up to $25,000
- Greater penalties if your charge gets updated to a Class 2 or X felony
- A felony criminal record which will make it difficult for you to obtain future housing and employment and can adversely affect any professional licenses you hold as well as your civil rights
It is possible, however, that you qualify for a First Time Offender Program which has the goal of rehabilitation in mind.
How We Work to Get Your Chicago Aggravated Unlawful Use of a Weapon Charges Dismissed or Reduced
At Combs Waterkotte, we are adept at identifying the weaknesses in the state’s case against you. When you are facing an aggravated unlawful use of a weapons charge in Chicago, we may be able to take certain steps to get your charges dismissed or reduced.
- The Fourth Amendment: was violated by police in your case
- The Second Amendment: is being violated in your case
- You never possessed or knew of the presence of the firearm
- You legally owned and properly transported, or used for lawful purposes, your firearm
Whether we can show that you lacked possession of the weapon, that your rights were violated by an unlawful search or seizure, or we can highlight flaws in the prosecution’s evidence and negotiate for a dismissed or reduced charge, you can be confident that we will leave no stone unturned in your case.
