Practice Areas ➤ Guns and Violent Crimes
Illinois has some of the most serious and complex gun and violent-crime laws in the United States, and, if you own a gun or possess one, it’s important to understand how the law affects you.
In Illinois, any gun owner must also own a Firearm Owners Identification card, commonly known as a FOID card. These can only be obtained by applying for one with the Illinois State Police. If you are stopped by an officer and have a gun in your possession and don’t have a FOID card, you could be facing a felony charge of Aggravated Unlawful Use of a Weapon, or AUUW. Although some parts of the AUUW law have been successfully challenged in the past, carrying or possessing a gun without a valid FOID card can still be charged as a felony in Illinois. More importantly, that felony, although only a Class 4, is a non-probationable felony; this means if you are charged with AUUW, you’re looking at a minimum of one year in prison – probation is not an option.
Additionally, Illinois includes other crimes related to guns and violent crime. The most commonly encountered is the “firearm enhancement” found in many crimes, including armed robbery. The Illinois firearm enhancement clause can add at least another 15 years onto any prison sentence if you are convicted of a crime, and it is proven beyond a reasonable doubt that you committed the crime while armed with a firearm. If you discharge the firearm or injury someone, the penalties can become much harsher very quickly.
Additionally, there are crimes in Illinois known as AUUW/Felon or Armed Habitual Criminal, or AHC. In these cases, a person who has a criminal background and is arrested again while possessing a firearm could face increasingly serious felony charges, including and up to Class X felony punishments. A conviction of a Class X felony means a minimum of 6 years in prison, while it could easily be increased to 60 years or even natural life in some extreme cases.
The Law Offices of Joshua Kutnick have experience in defending against and fighting cases involving guns and violent crimes. We have litigated numerous motions suppressing illegally seized evidence, which is often the best way to fight a AUUW or gun charge. Any gun or violent crime arrest is a serious charge with serious consequences, and the longer you wait to hire a lawyer, the more difficult it will be to protect your rights and fight your case. Consult with Joshua Kutnick as soon as possible to begin defending yourself against these serious accusations. We have represented numerous people accused of illegal possession of firearms or violent crimes over the years, often with very successful results. Contact us today at 312-441-0211 and schedule a consultation. Let us protect you and your rights.
