When it comes to Unlawful Use of Weapons (UUW) criminal charges in Illinois, prior criminal convictions can substantially influence the penalties you will face if convicted. UUW offenses already carry severe penalties, but a history of previous convictions, especially for similar or violent offenses, can dramatically increase the potential sentencing. Illinois law takes repeat offenses very seriously, and courts are likely to impose harsher penalties on individuals with prior convictions.
Understanding how prior convictions impact UUW sentencing is very important to constructing a strong defense strategy. Let’s now examine the legal implications, penalties, and statutes governing these cases, providing insight into what you may face if you’ve had previous run-ins with the law. We’ll also outline what we, as your legal defense team, can do to mitigate the consequences.
UUW Criminal Classifications
Under Illinois law, UUW offenses are covered by 720 ILCS 5/24-1. When someone is charged with a UUW offense, having a prior criminal record means the individual is seen as a higher risk to public safety. As a result, judges have little room for leniency when sentencing. For example, if you have a previous conviction for a felony, the UUW charge can be upgraded to a more severe felony classification, such as Class 2 or Class 3. This upgrade will result in longer prison sentences and larger fines, particularly if the previous offense involved a firearm or violent act.
In Illinois, the Armed Habitual Criminal Act (720 ILCS 5/24-1.7) can come into play for individuals with prior convictions. If a person has two or more convictions for certain offenses—such as armed robbery, aggravated battery with a firearm, or another serious crime—the UUW charge can be elevated to a Class X felony. A Class X felony carries a mandatory prison sentence ranging from 6 to 30 years, with no possibility of probation. This statute serves as a harsh reminder of how seriously Illinois treats habitual offenders.
UUW Charges With Prior Convictions
A prior conviction involving a weapon can lead to even more severe penalties. For instance, if someone with a prior UUW conviction is caught carrying a firearm without a valid Firearm Owner’s Identification (FOID) card, the charge could escalate from a misdemeanor to a felony. In cases where a person is charged with Aggravated Unlawful Use of a Weapon (AUUW) and has a history of prior offenses, they could be facing a Class 2 felony with a potential prison sentence of 3 to 7 years.
The consequences don’t end there. A prior conviction for certain drug offenses, domestic violence, or gang-related activity can also increase the severity of a UUW charge. For example, if you have a previous conviction for possessing a controlled substance, a UUW offense may result in mandatory minimum sentencing. In this situation, the judge will have less flexibility in reducing your penalties.
Unlawful Use Of Weapons FAQs
Are There Mandatory Minimum Sentences For Repeat UUW Offenders In Illinois?
Yes, under Illinois law, repeat offenders often face mandatory minimum sentences. For example, if you have a prior felony conviction and are charged with UUW again, you could be facing a minimum of 3 years in prison, depending on the nature of your previous offense and the current charge.
What Is The Armed Habitual Criminal Act, And How Does It Impact Sentencing?
The Armed Habitual Criminal Act (720 ILCS 5/24-1.7) is a statute that targets individuals with two or more prior convictions for serious offenses. If you are charged under this act, the UUW charge can be elevated to a Class X felony, which carries a mandatory prison sentence of 6 to 30 years. The Armed Habitual Criminal Act removes the possibility of probation, making it one of the harshest penalties for repeat offenders.
Can I Still Obtain Probation If I Have A Prior Conviction For A UUW Charge?
In some cases, probation might be an option, but it largely depends on the specifics of your case. If your prior conviction involved a weapon or violence, or if you’re charged under the Armed Habitual Criminal Act, probation is highly unlikely. However, with a skilled defense strategy, we may be able to negotiate alternatives.
Is There Any Way To Avoid Increased Penalties Due To A Prior Conviction?
Avoiding increased penalties requires an aggressive and strategic defense. In this situation, we might explore options like challenging the legality of the arrest, negotiating plea deals, or highlighting weaknesses in the prosecution’s evidence.
How Our Chicago UUW Defense Attorney Can Help
Facing a UUW charge with a prior conviction can be overwhelming, but you don’t have to face it alone. At Edward Johnson & Associates, we have the experience and knowledge needed to build a strong defense tailored to your unique situation. Our team is dedicated to protecting your rights. Contact our Chicago UUW defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office is located in Chicago, Illinois, and we proudly serve clients throughout the entire Chicagoland metro area.