One would naturally assume that the firing of a gun is necessary in order to be arrested for Aggravated Unlawful Use of a Weapon. After all, the gun has to be “used” in the traditional sense of the term as the title of the offense indicates right? The reality is that a gun does not need to be used or fired in any way to be convicted of Aggravated Unlawful Use of a Weapon.
Aggravated Unlawful Use of a Weapon makes the simple possession of a weapon a class 4 felony punishable by 1 to 3 years in the Illinois department of corrections.
Under 720 ILCS 5/24-1.6, a person commits the offense when he knowingly carries a gun…
1- Not on his own property or
2- While in public and
3- The gun is immediately accessible or
4- The suspect does not have a FOID card
Although the police and prosecutor will have you believe this is an open and shut case requiring you to plead guilty, the truth of the matter is that there are several things an aggressive and experienced criminal defense attorney can do to fight the case.
Issues relating to actual or constructive possession, the right of the police to stop and search you in the first place, and the placement of the weapon in the vehicle at the time of arrest are factors that can make or break the government’s case against you.
Contact Attorney Matt Fakhoury for a free case review. ILDefense.com or 847-920-4540