Wheaton Gun Crimes Attorney

In most states, gun crimes carry severe sentences. In Illinois, the consequences of a crime committed with a firearm are especially dire. When you’re accused of committing a gun-related offense, you need an experienced Wheaton gun crimes attorney on your side. Even if you are convicted, a skilled gun crimes attorney in Wheaton may be able to argue for reduced sentencing or otherwise help you negotiate a better outcome. The Wheaton gun crimes lawyers at Wolfe & Stec have experience defending people with firearms charges while helping them navigate an extremely difficult time in their lives.

Why Illinois Gun Charges Are Especially Severe

Firearm Enhancement Laws Can Add Decades to Your Sentence

Felony charges always come with far-reaching consequences. But in Illinois, if you are convicted of certain kinds of felonies and discharge a firearm — or even just possess one —during those felonies, judges are required to add either 15, 20, or 25 years to your sentence. These requirements are known as “firearm sentence enhancements.”

However, sentence enhancements aren’t the only reason gun-related crimes in Illinois are so serious. Because Illinois has such strict gun control laws, it’s even possible to commit a gun crime without meaning to. While this isn’t an exhaustive list, below are some of the Illinois gun control laws you can accidentally violate.

Having Proper Identification

In Illinois, you must have a firearm owner’s identification (FOID) card if you want to legally possess guns, ammunition, or both. If you are in possession of either of these items with an expired FOID card or no card at all, you can be charged with a crime. Notably, this law also applies to residents of other states who are visiting Illinois. If you’re from another state and are facing a gun charge, our Wheaton gun crimes attorneys may be able to help.

Having a Permit to Carry

Illinois does allow state residents to carry a concealed weapon. However, you must have a concealed carry license to legally have a concealed gun.

Following Transportation Guidelines

In Illinois, even if you are transporting a gun in a private vehicle, you must adhere to state law. If you have a gun in the car, you must make sure the following are true:

• The gun is not loaded.
• The gun must be enclosed in a case.
• Any ammunition must be stored in a separate container.

If you don’t follow all of the above guidelines when transporting a gun, you may find yourself facing a gun charge.

Violating any Illinois gun law can result in significant penalties. If you’re facing gun charges, call our Wheaton gun crimes lawyers immediately at 630-305-0222.

Restrictions on Kinds of Guns Owned

In Illinois, certain kinds of guns are prohibited. The state bans so-called “assault weapons.” You might think the ban only applies to automatic rifles, but it applies to a surprising range of other firearms as well.

If you purchase a weapon from a reputable dealer in Illinois, you probably won’t accidentally buy a prohibited gun. However, if you have any uncertainty about a given weapon, a gun crimes lawyer in Wheaton may be able to answer your questions.

Restrictions on Magazine Capacity

Illinois also strictly limits the kinds of magazines you can have. There are restrictions on certain types of magazines as well as limitations on the number of rounds that can be held in a magazine.

Gun-Free Zones

There are some areas of Illinois where carrying any kind of gun is prohibited. These “gun-free zones” include most government buildings, schools, and various types of public transportation.

Charges Involving Discharging a Weapon

None of the charges mentioned above actually involve shooting a gun. Below are some common charges you might face if you use a gun inappropriately in Illinois. If you’re charged with any of these, call a gun crimes lawyer in Wheaton immediately!

Aggravated Discharge of a Weapon

It’s one thing to fire a gun without aiming at a target. However, if you shoot in the direction of a building, vehicle, or person (and do so intentionally), you may be charged with aggravated discharge of a weapon.

This offense is a class 1 felony (the third-worst kind of felony in Illinois). If you’re convicted of a class 1 felony,  you can be charged a fine of up to $25,000 and incarceration for 4-15 years.

However, those penalties are for weapons discharges that don’t cause physical harm. If you discharge a gun and it causes an injury, you can be charged with a class X felony — this is one level down from first-degree murder. Class X felonies can result in up to 30 years in prison.

Reckless Discharge of a Weapon

Reckless discharge of a firearm is shooting a gun in a way that endangers the safety of another person. For example, if you’re target shooting in a very dense residential neighborhood, you might be charged with reckless discharge.

This is a class 4 felony, which means that if you’re convicted, you can face 1–3 years in prison and a fine of up to $25,000. A Wheaton gun crimes attorney may be able to help negotiate both fines and prison time.

What if It’s Your First Gun Offense?

Depending on the circumstances of your case, you might be eligible for the Illinois First Time Weapon Offense Program. If you are convicted of certain gun-related charges and meet program qualifications, you may be able to complete an educational program and have the charges dismissed upon completion. If the following apply, you might be eligible:

• You’re 21 years old or younger.
• You’re facing a gun charge that is a class 4 felony or lower.
• You haven’t been part of the program in the past.
• You don’t have a current order of protection against you.
• You weren’t in possession of the weapon while committing a violent offense.
• You haven’t been convicted of any violent crime, even as a juvenile.

You generally need an experienced Wheaton gun crimes attorney to arrange for your entry into the program. If you’re a first-time offender and want to avoid prison time and large fines, the attorneys at Wolfe & Stec may be able to help.

Do Penalties Worsen with Repeated Gun Charges?

In almost every case, having prior convictions will worsen the penalties for an Illinois gun crime. For instance, if you have a past felony conviction and are accused of a gun crime, you will likely face more severe penalties.

Illinois also has something called an “armed habitual criminal offense.” If you are caught in possession of a firearm or are convicted of selling or transferring one after having at least two prior gun-related or other very serious convictions, you may be charged as an armed habitual criminal. These are some of the qualifying crimes:

• Aggravated discharge of a firearm
• Aggravated unlawful use of a firearm
• Unlawful use of a weapon by a felon
• Gun running
• Vehicular hijacking or aggravated vehicular hijacking
• Any kind of forcible felony.

If you are convicted of an armed habitual criminal offense, you will be guilty of a class X felony. This is always a very serious conviction, but there is considerable variation when it comes to sentencing. If you’re convicted of a class X felony, you’ll be sentenced to 6-30 years in prison. An experienced Wheaton gun crimes lawyer might be able to successfully argue for a sentence on the lighter end of that spectrum.

FAQ

These are some of the most common questions people ask our Wheaton gun crimes lawyers.

Are gun charges in Illinois felonies or misdemeanors?

That depends on the charge. For example, for individuals without existing felonies, possessing a gun without a FOID card is a misdemeanor. Aggravated discharge of a weapon (intentionally shooting at a person, vehicle, or building) is a felony for anyone.

Does Illinois restrict the kinds of guns you can own?

Yes. There are restrictions on firearms the state categorizes as assault weapons, as well as restrictions on magazine capacity.

What if you have a firearm while committing another crime?

If you’re caught with a gun while committing certain felonies, you can have up to 25 years added to your sentence.

Can you carry a concealed firearm in Illinois?

Yes, but you must obtain a concealed carry license.

Any firearm-related crime in Illinois is a serious matter. If you’re facing a gun charge, make sure to contact one of our Wheaton gun crimes lawyers as soon as possible.

Why Choose Us?

Experience You Can Trust

When it comes to choosing a gun crimes attorney in Wheaton, you shouldn’t just choose the first lawyer you find. At Wolfe & Stec, our attorneys have the experience needed to shine in the courtroom. Our attorneys have tried hundreds of cases and defended clients facing both state and federal firearms charges. When you’re charged with something as significant as a gun crime, you should never cut corners when hiring an attorney. When you choose a Wheaton gun crimes attorney, finding the right advocate can increase your chances of securing a favorable outcome.

If you’re facing gun crime charges, don’t delay — the sooner you retain a gun crimes attorney in Wheaton, the faster your attorney can get to work on your case. Give the attorneys at Wolfe & Stec a call at 630-305-0222 today.