Chicago Armed Violence Lawyers: What You Need to Know
If you’ve been charged with armed violence in Chicago, you’re likely feeling overwhelmed and unsure of what to do next. The consequences of an armed violence conviction can be severe, including lengthy prison sentences and hefty fines. That’s why it’s crucial to have an experienced Chicago armed violence lawyer on your side, fighting for your rights and working to achieve the best possible outcome in your case.At [Spodek Law], we understand the stress and uncertainty that comes with facing criminal charges. Our team of skilled criminal defense attorneys has decades of combined experience handling complex armed violence cases in Chicago and throughout Illinois. We’re here to guide you through every step of the legal process, from your initial arrest to the final resolution of your case.
What is Armed Violence in Illinois?
Under Illinois law, armed violence is defined as committing any felony while armed with a dangerous weapon1. This means that if you commit a felony offense while in possession of a firearm, knife, or other deadly weapon, you can be charged with armed violence in addition to the underlying felony.The specific weapons that can lead to armed violence charges are divided into two categories2:
- Category I weapons include handguns, sawed-off shotguns, sawed-off rifles, and any other firearm that can be concealed on a person.
- Category II weapons include all other firearms, as well as knives, daggers, dirks, switchblades, axes, hatchets, and other deadly weapons.
It’s important to note that you don’t have to actually use the weapon during the commission of the felony to be charged with armed violence. Simply possessing the weapon while committing the crime is enough to trigger the armed violence statute3.
Penalties for Armed Violence in Chicago
The penalties for armed violence in Chicago are severe and depend on the category of weapon involved4:
- If the offense involves a Category I weapon, it is a Class X felony punishable by 15-30 years in prison.
- If the offense involves a Category II weapon, it is a Class X felony punishable by 10-30 years in prison.
These sentences must be served consecutively to any sentence imposed for the underlying felony offense. This means that if you are convicted of armed violence and the underlying felony, you will have to serve the sentences for each crime back-to-back, rather than concurrently.In addition to lengthy prison sentences, an armed violence conviction can also result in significant fines and a permanent criminal record that can impact your ability to find employment, housing, and other opportunities in the future.
Defenses to Armed Violence Charges
If you’ve been charged with armed violence in Chicago, it’s important to remember that an arrest is not a conviction. There may be defenses available in your case that can lead to the charges being reduced or dismissed entirely.Some common defenses to armed violence charges include5:
- Lack of knowledge or intent: If you did not know that you were in possession of a weapon, or if you did not intend to use the weapon to commit a crime, this may be a defense to armed violence charges.
- Illegal search and seizure: If the police obtained evidence against you through an illegal search or seizure, that evidence may be inadmissible in court.
- Mistaken identity: If you have been wrongly identified as the perpetrator of the crime, this can be a defense to armed violence charges.
- Lack of probable cause: If the police did not have probable cause to arrest you or search your property, any evidence obtained as a result may be suppressed.
An experienced Chicago armed violence lawyer will carefully review the facts of your case to identify any potential defenses and develop a strategy tailored to your unique circumstances.
What to Do If You’re Charged with Armed Violence
If you’ve been charged with armed violence in Chicago, the most important thing you can do is exercise your right to remain silent and contact an experienced criminal defense attorney as soon as possible.Remember, anything you say to the police can and will be used against you in court. Politely inform the officers that you wish to remain silent and that you would like to speak with an attorney. Then, contact a skilled Chicago armed violence lawyer who can advise you of your rights and help you navigate the legal process.Your attorney will thoroughly investigate the circumstances of your arrest, gather evidence, and interview witnesses to build a strong defense on your behalf. They will also negotiate with prosecutors to try to have your charges reduced or dismissed, and will vigorously defend your rights in court if necessary.
Why Choose [Spodek Law]?
At [Spodek Law], we are committed to providing aggressive, effective legal representation to individuals facing armed violence charges in Chicago and throughout Illinois. Our attorneys have a proven track record of success in handling complex criminal cases, and we are dedicated to achieving the best possible outcome for each and every client we serve.When you choose our firm, you can expect:
- Personalized attention and service: We understand that every case is unique, and we take the time to get to know our clients and understand their individual needs and goals.
- Extensive experience: Our attorneys have decades of combined experience handling armed violence cases in Chicago and throughout Illinois, and we have the knowledge and skills necessary to effectively defend your rights.
- Aggressive advocacy: We are not afraid to take on tough cases and fight for our clients’ rights in and out of the courtroom.
- Accessible and responsive communication: We pride ourselves on being accessible and responsive to our clients’ needs, and we will keep you informed and involved throughout the legal process.
If you or a loved one has been charged with armed violence in Chicago, don’t wait to seek legal representation. Contact [Spodek Law] today to schedule a free and confidential consultation with one of our experienced criminal defense attorneys. We’re here to help you protect your rights and achieve the best possible outcome in your case.
Frequently Asked Questions
What is the difference between armed violence and other weapons offenses in Illinois?
Armed violence is a specific offense in Illinois that involves committing a felony while armed with a dangerous weapon. Other weapons offenses, such as unlawful use of a weapon or aggravated unlawful use of a weapon, involve the illegal possession or use of firearms or other weapons, but do not necessarily require the commission of another felony offense.
Can I be charged with armed violence if I didn’t actually use the weapon?
Yes, you can be charged with armed violence even if you did not actually use the weapon during the commission of the felony. Simply possessing the weapon while committing the crime is enough to trigger the armed violence statute.
What should I do if I’m arrested for armed violence in Chicago?
If you are arrested for armed violence in Chicago, the most important thing you can do is exercise your right to remain silent and contact an experienced criminal defense attorney as soon as possible. Do not answer any questions or make any statements to the police until you have spoken with a lawyer.
How much does it cost to hire a Chicago armed violence lawyer?
The cost of hiring a Chicago armed violence lawyer will depend on several factors, including the complexity of your case, the attorney’s experience and reputation, and the amount of time and resources required to effectively defend your rights. Many criminal defense attorneys offer free initial consultations, so it’s important to speak with several lawyers to find one that fits your needs and budget.
What are the potential consequences of an armed violence conviction in Chicago?
The consequences of an armed violence conviction in Chicago can be severe, including lengthy prison sentences, hefty fines, and a permanent criminal record. If you are convicted of armed violence, you may also face collateral consequences such as difficulty finding employment, housing, or other opportunities in the future. That’s why it’s so important to have an experienced criminal defense attorney on your side, fighting to protect your rights and achieve the best possible outcome in your case.
Conclusion
Facing armed violence charges in Chicago can be a frightening and overwhelming experience, but it’s important to remember that you have rights and options. By working with an experienced Chicago armed violence lawyer, you can ensure that your rights are protected and that you have the best possible chance of achieving a favorable outcome in your case.At [Spodek Law], we are committed to providing aggressive, effective legal representation to individuals facing armed violence charges in Chicago and throughout Illinois. Our attorneys have the knowledge, skills, and experience necessary to effectively defend your rights and fight for your freedom.
