What is an Armed Habitual Criminal Charge in Chicago?
If you have been convicted of receiving, selling, possessing or transferring a firearm, after two or more qualifying felony convictions, you can be charged with an “armed habitual criminal” charge in Illinois.
Qualifying felony convictions can include:
- Murder
- Robbery
- Burglary
- Home invasion
- Aggravated battery with a firearm
- Carjacking
- Controlled Substances Act that is at least a Class 3 felony
- Unlawful use of a weapon by a felon
This charge is often aggressively pursued by prosecutors because they don’t have to prove that the weapon was actually on your person, only that you had knowledge and control over it.
Why are Armed Habitual Criminal Charges so Serious in Chicago?
Chicago police and prosecutors prioritize AHC cases, resulting in Chicago courts handling thousands of these cases annually. The state of Illinois takes armed habitual criminal charges seriously so as to discourage violent repeat offenders.
As one of the most serious charges in Illinois’ criminal code, an armed habitual criminal charge is not eligible for probation and can trigger federal firearms charges as well. Because a prosecutor only has to prove that you had control over a weapon, not that you had it in your hand (this is known as constructive possession), you should not take this charge lightly.
As soon as our Chicago armed habitual criminal lawyers are informed about your criminal history, the circumstances surrounding your arrest, any potential witnesses and evidence in your case and any statements you made to police, we can get to work crafting the strongest defense possible on your behalf.
To retain the hard-hitting legal defense services you are going to need in the days ahead, don't hesitate to reach out to our Chicago criminal defense firm. Speak to our Chicago armed habitual criminal lawyer today at (314) 900-HELP.
Penalties for an Armed Habitual Criminal Conviction in Chicago
As a Class X felony, an armed habitual criminal charge comes with several hard-hitting penalties in Chicago. Perhaps the most severe penalty, an armed habitual criminal conviction is a non-probationable offense, meaning you will face mandatory prison time.
The range of penalties you will likely face for this offense include:
- A mandatory prison sentence of 6-30 years (where you must serve at least 85% of the sentence before release, with no possibility of probation)
- Up to $25,000 in fines
- Mandatory supervised release (parole) after prison, in some situations
- Further sentence extensions are possible, depending on additional factors (such as your criminal history, any allegations involving violence, etc.)
Besides these penalties, an armed habitual criminal conviction will also negatively affect your felony record, your firearm rights and can adversely affect your future employment and housing opportunities.
What the Prosecution Must Prove in a Chicago Armed Habitual Criminal Case
In order to convict a defendant of being an armed habitual criminal, the prosecution must prove the following:
- That you possessed a firearm (either actually, meaning on your person, or constructively, meaning the firearm was in an area you had control over, even though it was not on you)
- That you have previously been convicted of at least two qualifying felonies (these can include forcible felonies, gun-related felonies or Class 3 or higher drug offenses)
- That your current firearm possession occurred after you have been convicted of the two qualifying offenses
The prosecution is required to prove each element beyond a reasonable doubt. These cases can often depend on possession, the validity of prior convictions and weaknesses in the prosecution’s case.
Common Defense Strategies for Armed Habitual Criminal Charges in Chicago
While it is easy to feel overwhelmed and afraid when you are facing charges as serious as armed habitual criminal charges, you should know that there may be defenses that can be applied to your cases.
Some common defense strategies in these cases include:
- Challenging illegal stops, searches and warrants: If your rights were violated, we may be able to file a motion to suppress evidence, which could result in your case being dismissed.
- Establishing lack of possession: If the gun was found in a shared area, we can argue that it belonged to someone else and create reasonable doubt.
- Disputing the validity of prior convictions: You must have two or more prior convictions that fall under forcible felonies or unlawful use of a weapon by a felon. We will make sure that your prior convictions truly meet the strict legal criteria.
We are prepared to provide you with both legal defense and emotional support in the days ahead.
Can Armed Habitual Criminal Charges be Reduced or Dismissed in Chicago?
When you retain the services of Combs Waterkotte, we will get to work challenging the evidence and filing motions to suppress evidence, when applicable. It is not uncommon for this charge to be reduced or dismissed when the following occurs:
- The firearm was seized during an illegal search or traffic stop
- It can be challenged whether you had actual or constructive possession of the weapon
- Your prior convictions do not meet the specific legal requirements under the armed habitual criminal statute
- Your charge can be negotiated down to “unlawful use of a weapon by a felon”
How We Defend Armed Habitual Criminal Cases in Chicago
When you turn to Combs Waterkotte for legal representation, we will thoroughly review your charges and the evidence, identify holes in the prosecution’s case and tailor a defense to your situation.
Ways we defend you in an armed habitual criminal case in Chicago includes:
- Examining police reports, bodycam footage and witness statements
- Looking for inconsistencies or gaps in the evidence
- Gathering evidence that supports your defense
- Analyzing whether possession can actually be proven
- Reviewing whether your prior offenses qualify legally
- Filing strategic motions and negotiating for reduced charges / outcomes
- Presenting a strong defense at hearings and at trial
- Fighting for your rights, each step of the way
