What is an Armed Violence Charge in Chicago?
If you are accused of committing a violent felony offense, while armed with a dangerous weapon, you are likely facing an “armed violence” charge in Chicago. The only violent felony offenses that wouldn’t fall under this are robbery and first-degree murder, which come with their own separate charges.
Examples of weapons that fall under “dangerous weapon” in Chicago include:
- Category 1 Weapons: Such as handguns, sawed-off shotguns and machine guns.
- Category 2 Weapons: Such as rifles, shotguns, knives that are longer than three inches and stun guns.
Armed violence charges shouldn't be taken lightly. When you are facing this serious felony offense, you can count on our team at Combs Waterkotte to fight for your rights and for the best outcome in your case. Speak to our Chicago armed violence lawyer today at (314) 900-HELP.
Common Situations That Lead to Armed Violence Charges in Chicago
If you are wondering how you were arrested and charged with armed violence, you should know that there are usually specific situations that lead to these charges in Chicago.
These situations can include:
- Felony Drug Offenses: This offense involves possessing a controlled substance with the intent to deliver it while carrying a firearm.
- Violent Crimes: This could include offenses such as aggravated assault or vehicular hijacking, while armed with a weapon.
- Residential Burglary: This involves entering a home with a weapon.
- Discharge of a Weapon: This offense involves discharging a firearm that caused bodily harm, disfigurement or death during a felony.
What Makes a Chicago Armed Violence Charge so Serious?
Because Chicago deals with high gun violence rates, it tends to push back strongly against alleged armed violence offenses. If you were arrested for allegedly committing a felony offense that involved the presence of a weapon, you can expect to face an armed violence charge.
What makes these charges especially serious is the following:
- They combine two allegations into one- both a felony offense and the presence of a weapon
- Prosecutors aggressively pursue these cases due to public safety concerns
- Even if you were only near a weapon you can be charged due to “constructive possession"
Constructive possession is when you are deemed in control of a firearm that isn’t directly found on your person, but is found in a nearby, accessible area (for example: such as under your bed or in your car glove box). In these situations, a prosecutor will have to show that you had knowledge of the weapon and the intent to maintain control over the weapon.
To better understand the situation you are in and to take aggressive legal action to protect your rights, don’t hesitate to reach out to our Chicago armed violence lawyers at Combs Waterkotte.
Penalties for a Chicago Armed Violence Charge
As a Class X felony, an armed violence conviction will result in severe penalties in Chicago.
If you have been charged with this offense, you can expect to face the following penalties:
- Mandatory Prison Time: You can face 10+ years for Category II weapon offenses and 15-30 years for Category I weapon offenses, with no option for probation
- Discharge Enhancements: If a firearm was discharged resulting in bodily harm, disfigurement or death, the minimum sentence increases from 25 years up to life in prison
- Fines up to $25,000
- A permanent criminal record
Additionally, it is important to keep in mind that a felony on your record can result in other adverse consequences such as the loss of a professional license, difficulty obtaining housing or employment and the loss of certain civil rights.
What The Prosecution Must Prove in a Chicago Armed Violence Case
In order for the prosecution to win their case against you, they will have to prove, beyond a reasonable doubt, that you committed a qualifying felony while armed with a dangerous weapon.
The key elements in this case will involve the prosecution showing that:
- You committed a felony as defined by Illinois law
- You were armed with a dangerous weapon while committing this felony, such as a Class 1 Weapons or Class 2 Weapons
- You personally possessed and discharged a firearm during the offense
- You had the necessary criminal intent to commit the felony
Defenses That May be Available to You in Your Chicago Armed Violence Case
When you reach out to Combs Waterkotte for legal defense, we will immediately start looking into your case and seeing if any defenses apply to you.
Common defenses in these Chicago armed violence cases include:
- Lack of Knowledge or Possession
- Lack of Intent
- Self-Defense
- Fourth Amendment Violations
- Exempted Locations
- Broken/Inaccessible Weapon
Mistakes That Can Hurt Your Chicago Armed Violence Case
After you have been arrested for armed violence in Chicago, you will want to make sure you don’t do anything to jeopardize your case.
Common mistakes that alleged offenders make, following an armed violence arrest, include:
- Talking to police without a lawyer present
- Giving statements that can be used against you
- Admitting you had knowledge of the weapon
- Permitting officers to search your car, home or belongings
- Discussing the details of the incident with co-defendants or witnesses
- Posting or messaging about the incident
- Failing to challenge the underlying felony (your entire case rests on this point)
- Trying to handle the case on your own
- Waiting too long to hire a lawyer
- Violating bond conditions
- Missing court dates
