Defenses to Weapons Charges

Published: May 15, 2017, by admin in Criminal Defense, Legal Blog, Weapons

Although the second amendment of the U.S. Constitution’s Bill of Rights gives you the right to keep and bear arms, you must follow certain state and federal laws that regulate weapons. If you were charged for any of the following weapons crimes, you need skilled legal representation:

  • Possessing firearms without the proper license or permit
  • Violating concealed carry laws
  • Possessing a weapon while committing another crime
  • Possessing illegal weapons such as a certain type of knives, knuckles, clubs, or explosive devices
  • Being a minor under the age of 18 and possessing or using a handgun

Putting up a strong defense to your weapons charges with the help of a Chicago weapons lawyer from O’Meara Law can make a big difference in both the short and long term. Attorney Michael O’Meara will thoroughly review the prosecutor’s evidence and determine what defense strategies may be available to you.

Call O’Meara Law at 312-909-0706 to schedule a free and confidential consultation.

How Weapons Violation Cases Are Won

The key to winning a weapons violation case is hiring a Chicago weapons lawyer who can build a solid case defense. This strategy will depend on the facts and circumstances specific to your case. However, there are some common defenses to weapons charges that may result in an acquittal or case dismissal:

  • You did not possess the weapon or the weapon was not illegal
  • The instrument you used was not actually a weapon
  • The weapon was “broken down” or unloaded and enclosed in a case or box
  • The search and seizure was performed in an illegal manner
  • You used or brandished the weapon for self-defense or to protect someone else from bodily harm or death

Penalties for Weapons Charges

The state of Illinois takes weapons charges very seriously. Penalties for these types of charges depend on the type of weapon you allegedly possessed and the circumstances of the crime. Crimes that involve the possession of weapons in a school, park, public bus, or public place that sells alcohol lead to more severe consequences.

If your charge is classified as a Class A misdemeanor, you may face a fine of up to $2,500 and up to one year of jail time. In the event that your charge is more severe and considered a Class X felony, you may suffer from a hefty fine of up to $25,000 and six to 30 years of imprisonment. Weapons charges can also result in the following collateral consequences:

  • The loss of your firearm rights
  • The loss of child custody
  • Immigration issues
  • A Permanent criminal record that can affect your educational and employment prospects
  • Reimbursing the victims for their loss of property or expenses they incurred as a result of your weapons offense

Charged with a Weapon Crime? Call O’Meara Law Today

If you have been charged with a weapons crime, you owe it to yourself to consult Chicago weapons offense lawyer Michael O’Meara Law as soon as possible. Our experience paired with our extensive knowledge of federal and state weapons laws may get your charges reduced or dismissed. If your case cannot be won at the trial or pretrial stages, we will negotiate the best possible plea bargain that reduces the overall impact the charge will have on your life.

Call us today at 312-909-0706 for your free and confidential consultation.