DuPage County Gun Crime Lawyer

Illinois Gun Laws Are Among the Strictest in the Country

Although U.S. citizens have the right to bear arms per the Second Amendment of the U.S. Constitution, it functions more as a privilege subject to revocation. This privilege can be forfeited if a firearm owner violates federal or state gun laws or engages in a violent or felony offense.

Illinois, in an attempt to address gun violence and reduce suicides, maintains some of the strictest firearms laws in the nation. The state takes weapons charges very seriously, reflecting its overall stance as not particularly friendly to gun ownership, which frustrates many firearm owners. The laws governing firearm possession and use in Illinois are stringent, with harsh penalties for violations.

Even law-abiding gun owners can find themselves facing unexpected weapons charges if they fail to obtain the required Firearm Owner’s Identification (FOID) card in Illinois. While a simple FOID violation is usually a misdemeanor, most other weapons charges carry far more severe consequences. For instance, possessing a firearm as a felon is almost always classified as a felony.

Knowledge is power, and understanding what you are and are not allowed to do regarding gun purchases and ownership is essential. Illinois law prohibits any person from:

• Knowingly purchasing or attempting to purchase a firearm with the intent to deliver it to a person prohibited from possessing one
• Intentionally providing false or misleading information on a Bureau of Alcohol, Tobacco, Firearms and Explosives transaction record to purchase or attempt to purchase a firearm
• Forging or materially altering a Firearm Owner’s Identification (“FOID”) card, as well as knowingly possessing a forged or altered FOID card with intent to use it to purchase firearms and ammunition
• Knowingly or intentionally altering, changing, removing, or obliterating the importer or manufacturer’s serial number on any firearm or possessing such a weapon
• Delivering a firearm while not being entitled to its possession, knowing it to have been stolen or converted.

If you are charged with violating any part of the law, as listed above, engaging an experienced DuPage County gun crimes lawyer should be your first course of action.

What Are Punishments for Gun Crimes?

Because of the seriousness with which the state views gun crimes, punishments for violation are severe and can be life-changing. The crime with which you are charged determines the level of punishment applied. In Illinois, gun violation punishments are classified as follows:

• Class A Misdemeanor: Conviction results in less than one year in jail plus up to $2,500 in fines for a minimal violation of legal gun possession.

• Class 4 Felony: Usually means a prison sentence of 1 to 3 years and up to $25,000 in fines. There is a minimum of one year of parole after any prison term. Class 4 felonies are:
  • Carrying or possessing any firearm in a place that is licensed to sell intoxicating beverages
  • Taking a firearm to a public or government place where admission is charged
  • Carrying or possessing a weapon in your vehicle or on your person while hiding your identity.
• Class 3 Felony: 2 to 5 years in prison, up to $25,000 in fines, and a minimum of one year of parole. Class 3 felonies include:
  • Possessing a gun silencer
  • Selling, manufacturing, purchasing, possessing, or carrying certain explosives and guns such as long rifles or machine guns.
• Class 2 Felony: Possible 3- to 7-year prison term and a fine of $25,000. The minimum parole is two years. Class 3 could be raised to a Class 2 felony if you are a repeat offender or commit offenses at a school or public park.
• Class 1 Felony: Means 4 to 15 years in prison on top of up to $25,000 in fines and at least two years’ parole.
• Class X Felony: No chance of getting probation if convicted of this. Sentencing is usually anywhere from 6 to 30 years in prison, up to $25,000 in fines, and a minimum parole of 3 years.
• Class 1 or Class X Felony: For aggravated firearm discharge, including discharging at or into an occupied building or vehicle or knowingly shooting at an official.

Gun Charges: Reckless and Aggravated Discharge of a Firearm

An individual can face charges for Reckless Discharge of a Firearm [720 ILCS 5/24-1.5] when they discharge a weapon in a manner that jeopardizes the physical safety of another person.

Charges for Aggravated Discharge of a Firearm [720 ILCS 5/24-1.2] may be filed if an individual intentionally and knowingly fires a weapon toward another person or into a building or vehicle known to be occupied.

In many cases, charges for Aggravated Discharge of a Firearm are concurrently brought with charges for Attempted Murder if a firearm is used during the attempt.

In Illinois, attempting to kill another person is against the law. Attempted First Degree Murder [720 ILCS 5/8-4(a)] is frequently associated with firearm use, though not exclusively. If a firearm is employed in the commission of the attempt, the penalties are increased.

The Importance of a Handgun License: Obtaining a FOID Card

In Illinois, you must obtain a handgun license and a Firearm Owner’s Identification (FOID) card to purchase and possess a gun. In 2013, Illinois became the last state to legalize the possession and concealed carry of a firearm outside the home and enacted a law, 430 Ill. Comp. Stat. § 66/1 et seq., permitting people to carry concealed weapons with a license. To obtain a concealed carry license, you must have a (FOID) card or qualify for one and be in the process of applying for one.

Illinois does not recognize concealed carry licenses from other states. Even if you are licensed to carry concealed weapons, you still are prohibited from doing so while under the influence of alcohol or drugs.

Why Choose Marc D. Wolfe Lawyers Law Firm?

Gun crimes are severe offenses, and you could face lengthy prison sentences if a jury convicts you. A skilled gun lawyer must ensure that your rights are respected and nothing is left to chance. Your freedom is at stake, and you want an attorney with experience handling these cases who will stand up and fight for you.

The attorneys at Marc D. Wolfe Lawyers have decades of experience working with gun crime cases. You will work with a knowledgeable DuPage County gun lawyer with the resources, experience, and expertise to make a difference. Our team will review the evidence, interview witnesses, and investigate all leads to strengthen your case.

You receive numerous benefits working with our experienced gun crimes attorney, including:

• Focused gun crime defenses
• Over 20 years of legal experience in Illinois
• Knowledge and connections with the court systems, including relationships with judges, attorneys, paralegals, and law enforcement
• Aggressive defense litigation services to investigate and review all evidence. Our team leaves nothing to chance, and we pursue every lead.
• Attention to detail
• Personalized attention and hands-on service
• Effective and empathetic communication
• Proven track record for success with gun crime cases
• Effective negotiations that produce results.

These are some ways the gun crimes attorneys at Marc D. Wolfe Lawyers can help you. You will work with a team of professionals who aggressively handle your case and are not afraid to stand up and fight for you. You have rights, and we can help you deal with the stress you face from gun crime charges.

How We Can Help

At Marc D. Wolfe Lawyers, we understand the gravity of gun crime charges and the significant impact they can have on your life. Things become challenging when the prosecuting attorneys are in no mood to make a deal, and we must go to trial. Times like these are when you need an attorney who knows gun cases and the parties involved, ready to help you every step of the way. Our seasoned attorneys are committed to providing comprehensive legal assistance tailored to your needs.

Here’s how we can help you navigate the complexities of gun crime defense:

1. Thorough Case Evaluation: Our legal team meticulously examines the details surrounding your case. We assess evidence, scrutinize law enforcement procedures, and identify potential legal issues to build a strong foundation for your defense.
2. Personalized Legal Strategies: Recognizing that every case is unique, we develop personalized legal strategies based on the specific circumstances of your situation. Whether you’re facing charges of unlawful possession, assault with a deadly weapon, or other firearm-related offenses, we tailor our approach to achieve the best possible outcome for your case.
3. Aggressive Defense Advocacy: With a reputation for aggressive advocacy, we tirelessly fight for your rights in and out of the courtroom. Our attorneys challenge evidence, question procedures, and leverage our legal expertise to mount a robust defense on your behalf.
4. Negotiation and Settlement: Negotiation can often lead to favorable outcomes. We engage with prosecutors to explore potential plea bargains or reduced charges, always with the goal of minimizing the impact on your life and future.
5. Trial Representation: Should your case proceed to trial, our skilled trial attorneys are prepared to vigorously represent you in court. We present compelling arguments, cross-examine witnesses, and use our extensive legal knowledge to build a persuasive defense.

Contact a DuPage County Gun Charge Attorney Today

If you or a loved one is facing gun crime charges in DuPage County, don’t face the legal system alone. Trust Marc D. Wolfe Lawyers to be your advocates. Schedule a confidential consultation with our experienced attorneys to discuss the details of your case and explore your legal options. Contact us at 630-305-0222 for a consultation.