Armed Habitual Criminal Charges in Illinois
Armed habitual criminal charges in Illinois are considered a Class X felony and if convicted you could face 6 - 30 years in prison.
If you are facing Armed Habitual Criminal charges then you will need a criminal defense attorney that is experienced in defending weapons charges. In Illinois, gun laws are strict and some people may find themselves facing criminal charges if they do not follow the exact guidelines that Illinois state laws lay out. Even those visiting from another state have to abide by Illinois gun laws even if their home state's laws are different.
If you have two prior convictions for weapons charges and get arrested a third time, then the prosecution may decide to charge you with Armed Habitual Criminal. This is a Class X felony and punishable by a minimum of 6 years up to 30 years in prison along with hefty fines. For some, a conviction could mean a life sentence.
If you have two prior convictions of the following then you could be facing Armed Habitual Criminal Charges:
Felon in possession of a firearm
Intimidation (both aggravated and not aggravated)
Unlawful use of a weapon by a felon
Forcible felony
Cannabis Control Act violations that are classified as a Class 3 Felony
Burglary / Home Invasion
Aggravated and Non-Aggravated Carjacking
Aggravated Child Battery
Aggravated Discharge of a Firearm
Unlawful Use of a Weapon by a Convicted Felon (both aggravated and not aggravated)
Intimidation
Gunrunning
For example, if you have two of these prior convictions and the police find you in possession of a firearm, you could be facing Class X Armed Habitual Criminal charges. That could mean life in prison for some people depending on their age at the time of a potential conviction. Many have argued that the law is unconstitutional, however it is a very real law that can change the course of your life if you are charged with this crime. In cases like these, hiring a private criminal defense attorney is a wise move. An experienced weapons attorney may be able to negotiate with the prosecution a plea deal to lower the charges to a Class 1 felony which makes the sentence if convicted 4-15 years in prison.
Another option that an experienced weapons attorney has is to poke holes in the prosecution's case in front of a jury. The more that they are able to discredit the evidence (if at all possible) the better of a chance the defendant has at winning their case. Everything depends on the circumstances and evidence surrounded by the case. Past convictions that lead to the charges of Armed Habitual Criminal will be brought up in a trial.
Speak to an experienced weapons attorney in Illinois and get your case assessed.
ABOUT THE AUTHOR: Hirsch Law Group
Hirsch Law Group is a premier criminal defense law firm serving Chicago and 12 counties in Illinois.
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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.
