Skilled Naperville Gun Charge Lawyer | The Law Offices of Eric Pittman

UUW generally involves carrying or possessing a weapon in a situation or manner that is prohibited by law.

Elements:

• The individual knowingly carries or possesses a weapon.
• The carrying or possession occurs at a location or under circumstances where such actions are prohibited by law.
• The individual does not have a valid Firearms Owner Identification (FOID) card or a concealed carry permit if required, or the weapon is not transported or stored in a legally prescribed manner.

UUW charges in Illinois can range from a Class A misdemeanor to a Class 3 felony, depending on the circumstances of the offense.

• Class A Misdemeanor: For a basic UUW offense without aggravating factors (such as carrying a firearm without a valid FOID card), penalties can include up to one year in jail and fines of up to $2,500.
• Class 4 Felony: If the UUW offense involves aggravating factors (such as carrying a loaded and immediately accessible firearm without a valid FOID or concealed carry permit, or possessing a firearm while engaged in gang-related activities, or having a previous conviction for a felony or certain misdemeanors), penalties can include 1-3 years in prison and fines of up to $25,000.
• Class 3 Felony: Certain factors, such as a prior conviction of a UUW, can escalate the offense to a Class 3 felony, with potential penalties of 2-5 years in prison and fines up to $25,000.

This charge targets repeat offenders who continue to possess firearms after having been previously convicted of specific types of felonies.

Elements:

• The individual possesses, sells, or transfers any firearm after having been convicted of a qualifying felony.
• The individual has at least two prior convictions for a qualifying felony, which includes forcible felonies, UUW, felonies that involve the use or threat of violence, or a Class 3 drug offense among others.
• The prior convictions occurred on separate occasions and do not arise from the same act.

The charge of Armed Habitual Criminal is a Class X felony, which is one of the most severe felony charges under Illinois law.

• Class X Felony: Conviction carries a mandatory minimum sentence of 6-30 years in state prison. This charge applies to individuals who have been convicted of at least two qualifying felonies and are found in possession of a firearm.

Aggravated discharge of a firearm involves the intentional or reckless discharge of a firearm in a manner that endangers or could potentially endanger the safety of others.

Elements:

• Discharging a Firearm at a Person: Except for very narrow exceptions, shooting at another individual is against the law, irrespective of the shooter’s intent. Should evidence suggest an intent to cause harm, additional charges such as Attempted Murder or Aggravated Battery with a firearm may be levied.
• Discharging a Firearm at a Building: It is unlawful to shoot at a structure. For a conviction of Aggravated Discharge of a Firearm in this context, the prosecution must establish that the shooter was aware, or should have reasonably been aware, that the building was occupied at the time of the offense.
• Discharging a Firearm at a Vehicle: Similar to the rules regarding buildings, it is a crime to fire a gun at a motor vehicle. To secure a conviction for Aggravated Discharge of a Firearm, it must be proven beyond a reasonable doubt that the shooter knew or should have known the vehicle was occupied.
• Discharging a Firearm in an Urban Area: Firing a gun into the air within an urban community, where it is known that people reside, can result in charges of Aggravated Discharge of a Firearm. This act is considered reckless and dangerous due to the risk it poses to others.

In more severe cases, the discharge may specifically target protected individuals or locations, such as law enforcement officers, schools, or vehicles known to be occupied. This offense can vary between a Class 1 felony and a Class X felony, depending on the target of the discharge and other factors.

• Class 1 Felony: If a firearm is discharged in the direction of a person or vehicle, the charge is usually a Class 1 felony, with penalties ranging from 4-15 years in prison.
• Class X Felony: If the firearm is discharged in the direction of a vehicle known to be occupied by a peace officer, a person protected by an order of protection, or in a school zone, the charge can be elevated to a Class X felony, with penalties that include a mandatory minimum of 10-45 years or up to life in prison.

Unlawful possession of a firearm by a felon occurs when an individual who has been previously convicted of a felony possesses a firearm or ammunition. Illinois law aims to prevent individuals who have committed serious crimes from having access to firearms due to the increased risk of recidivism and public safety concerns.

To be convicted of unlawful possession of a firearm by a felon, the following elements must be proven beyond a reasonable doubt:

• Prior Felony Conviction: The individual must have a prior conviction for a felony under federal or state law.
• Possession of Firearm or Ammunition: After the conviction, the individual knowingly possesses a firearm, firearm ammunition, or explosive or ballistic ammunition.
• Timeframe: Depending on the nature of the prior felony, there may be a required timeframe during which possession of a firearm is prohibited, which is typically a set number of years after the individual’s release from prison, parole, probation, or supervision.

The penalties for unlawful possession of a firearm by a felon can vary based on the individual’s criminal history and the specific circumstances of the case:

• Class 3 Felony: The typical charge for a felon in possession of a firearm is a Class 3 felony, carrying penalties of between 2 to 5 years in prison and fines of up to $25,000.
• Class 2 Felony: If the individual has a prior conviction for a forcible felony, a felony violation of the Illinois Controlled Substances Act, or a felony violation of the Methamphetamine Control and Community Protection Act, and the possession occurs within a certain timeframe after incarceration or supervision, the charge can be elevated to a Class 2 felony, with penalties that include 3 to 7 years in prison and fines up to $25,000.
• Class X Felony: For certain repeat offenders or those with specific types of previous felony convictions, the charge may be a Class X felony, with more severe penalties, including 6 to 30 years in prison and fines up to $100,000.

It’s important to note that Illinois has specific and complex statutes governing firearms and their use. Sentencing can also be affected by factors such as the use of the firearm, the individual’s criminal history, and other aggravating or mitigating circumstances. Additionally, certain gun-related convictions may result in the defendant being ineligible for probation, which emphasizes the need for skilled legal representation when facing these serious charges.

For skilled legal representation, schedule a consultation with The Law Offices of Eric Pittman today by calling (630) 308-0068. Our attorneys are ready to assist and provide quality and tailored legal assistance.