CRIMINAL DEFENSE LAWYER FOR FIREARMS CHARGES IN ROCKFORD

Name: Criminal Defense for Firearms
Brand: The Law Office of Brendan W. Caver
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What To Do When You Have Been Charged With A Firearm Offense

The possession of firearms is legal in Illinois as long as you have a state issued Firearm Owner Identification (FOID) card, a valid concealed carry permit or if you have just moved to Illinois and are still in the grace period before needing a valid FOID card. If you are found to be in possession of firearms and you do not qualify with the above circumstances you could be looking at some very serious criminal charges. If you or a loved one has been charged with a firearms offense, it is worth it to consult with an experienced Illinois criminal defense attorney near you. At the Law Office of Brendan W. Caver we believe that everyone has a right for their side of the story to be heard, don't hesitate to reach out to our office to book your confidential case consultation. (815) 714-9508

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Possession Of Firearm Without Valid FOID

In Illinois it is against the law to possess a firearm, stun gun, taser or ammunition without having previously been issued a Firearm Owner Identification (FOID) card by the Department of State Police. Illinois law has carved out some limited exception to this general rule. You may possess these items without a valid FOID under the following circumstances:

If at the time you are found in possession of one or more of the items you have a concealed carry permit on your person.
You are from out of state and become a resident, and you are not otherwise prohibited from obtaining, possessing or using any of the items. In this instance you are not required to have a FOID card until 60 days after you obtain and Illinois driver’s license or state identification card.

If you are charged with possession without a valid FOID the penalties range drastically:

If you otherwise have a FOID but it was expired six months or less from the date you are charged, possession is a petty offense and subject to a fine only. If your card was expired for longer than six months you can be charged with a Class A misdemeanor, which carries up to a year in jail, two years of probation, and up to a $2,500 fine.
If there is some other issue with your FOID card, but you are otherwise eligible for the card possession is a Class A misdemeanor and thereafter a Class 4 felony. Class 4 felonies carry a potential penalty of up to 30 months probation or 1 to 3 years in prison, and fines.
If your FOID was revoked or subject to revocation at the time you were found in possession you may be charged with a Class 3 felony. A Class 3 felony is punishable by 30 months probation or 2 to 5 years in prison, and fines.
Possession is also a Class 3 felony if your FOID card was expired and it is not otherwise eligible for renewal.
Possession without ever having been issued a FOID card and when you are not otherwise eligible for a FOID is a Class 3 felony as well.

If you are charged with possession of a weapon without a valid FOID card it is best to consult with an experienced criminal defense attorney as soon as possible. Many of the penalties associated with these types of charges are serious and a conviction will have far reaching consequences in your life. An experienced criminal defense attorney may be able to raise defenses depending on the facts of your case or negotiate with the State’s Attorney to a lesser offense.

Firearm Possession By A Felon

It is unlawful to knowingly possess on or about your person, land or in your home a firearm or ammunition if you have previously been convicted of a felony in Illinois or elsewhere. The State has to prove each of these allegations beyond a reasonable doubt in order to secure a conviction at trial. The potential penalties for this offense range depending on the circumstances:

A first time offense under this statute is a Class 3 felony subject to 2 to 10 years in prison and is a non-probationable offense. Second or subsequent offenses under this act are Class 2 felonies with a mandatory prison sentence of 2 to 10 years.
In some circumstances, for example if the accused has been convicted of a forcible felony in the past (such as home invasion), possession by a felon is a Class 2 felony with a mandatory prison sentence of 3 to 14 years.
If an accused individual is on parole at the time of the offense or mandatory supervised release the offense is a Class 2 felony and punishable by a mandatory prison sentence of 3 to 14 years.

If you or a loved one are being charged with possession of a firearm by a felon, it is imperative to contact an experienced criminal defense attorney as soon as possible. This offense carries mandatory prison time and it is best to build your defense immediately. It doesn’t matter how old your prior felony is, a charge based off an old felony can be mitigating, but the State can still use it to charge you with this offense. For more details on this offense visit 430 ILCS 5/24-1.1.

What Is An Armed Habitual Criminal Charge?

If you have been criminally convicted two or more times in the past of a forcible felony, serious gun or drug charges and you are subsequently alleged to have received, sell, possess, or transfer a firearm you may be charged with the offense of being an Armed Habitual Criminal. This is a serious allegation and in Illinois is classified as a Class X felony. The statute for this offense can be found at 720 ILCS 5/24-1.7. Class X felonies are non-probationable offenses and are subject to 6 to 30 years in prison. You may face a mandatory life sentence without the possibility of parole if you have been convicted of two Class X felonies in the past.

Examples of past convictions that may warrant a charge of armed habitual criminal are the following:

Home invasion
Aggravated discharge of a firearm
Class 3 violations of the Illinois Controlled Substances Act or Cannabis Control Act
Unlawful Use of a Weapon by a Felon
Intimidation

Potential defenses to these charges are that the police have the wrong guy (mistaken identity), that the accused suffers from insanity, or the accused may have an alibi. These defenses can be used at trial. There are alternative ways to resolve a case outside of trial. Some cases may even be resolved by a motion to suppress evidence if the police did not conduct themselves properly when investigating the alleged offense. An experienced criminal defense attorney may be able to negotiate a favorable plea agreement, or be able to convince the State’s Attorney to amend the charge to a lesser offense.

Aggravated Unlawful Use of Firearms in Illinois

Aggravated unlawful use of a weapon by a felon is governed by 720 ILCS 5/24-1.6. A first offense is a Class 4 felony, which is eligible for up to 30 months of probation, however it is also punishable by 1 to 3 years in prison. Second or subsequent offenses are Class 2 felonies and carry ma mandatory prison sentence of 3 to 7 years. To be convicted of this offense, the State must prove beyond a reasonable doubt the following:

That the accused possessed a firearm either on their person or in their vehicle;
When he or she was not on their land, in their residence or in their fixed place of business;

AND that the firearm was either…

Uncased, loaded and immediately accessible
Uncased, loaded, and ammunition was immediately available, OR
Regardless of whether the firearm was loaded, the person possessing it did not have a valid FOID card

This is a serious offense and it is wise to seek counsel in defending the case. Potential defenses to these charges are that the police have the wrong guy (mistaken identity), that the possession was by necessity, or the accused has an alibi. These defenses can be used at trial.

There are alternative ways to resolve a case outside of trial. Some cases may even be resolved by a motion to suppress evidence if the police did not conduct themselves properly when investigating the alleged offense. An experienced criminal defense attorney may be able to negotiate a favorable plea agreement, or be able to convince the State’s Attorney to amend the charge to a lesser offense.

Stolen Firearm Charges

You may be charged with possession of a stolen firearm in Illinois if you were found in possession of a firearm that you knew you were not entitled to it. Under Illinois law your knowledge of the firearm having been stolen may be inferred if you knew it’s serial number was removed or altered. This is a Class 2 felony and punishable by either four years probation or 3 to 7 years in prison. The statute for this offense may be found at 720 ILCS 5/24-3.8.

Don't Let A Firearms Charge Ruin Your Life, We Can Help

If you live in your near Rockford, IL and you or a loved one is faced with a firearms charge whether it be an invalid FOID, stolen firearm, or something else, it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.

Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.

Brendan Will Answer Your Questions

Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.

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