You may be arrested or investigated for Armed Violence 720 ILCS 5/33A in Illinois if you were committing a felony while also armed with a qualifying dangerous weapon. The potential penalties if you are convicted of this charge can be severe, including a lengthy prison sentence.
If you are facing an Illinois armed-violence charge, what you do right after your arrest matters. First, get the protection you need by obtaining the counsel of a qualified Illinois criminal defense attorney. Second, do not discuss the facts of your case with any person other than your attorney.
For more information and assistance with an Illinois Armed Violence charge, you can call the Chicago armed violence defense attorneys at Glasgow & Olsson.
The Underlying Felony Component Of An Armed Violence Charge
An underlying felony, sometimes called the predicate felony, is a critical component of an Illinois Armed Violence charge. This is in addition to the alleged possession or use of a qualifying weapon while committing the predicate felony act.
When an armed violence case is tried, the State generally must establish the required elements of an armed violence offense as well as the necessary facts concurring with the underlying felony. As a result, the nature of the alleged predicate felony offense can be a major factor in one’s case.
There are, however, express exceptions to the law. For instance, Section 33A-2 excludes offenses such as:
- First-degree murder
- Attempted first-degree murder
- Certain homicide offenses
- Home invasion
- And specified aggravated offenses
- Offenses where the weapon possession or use is already incorporated into the underlying offense or its sentencing enhancement in the manner described by the statute
What this means is that if your charging documents have the words “armed violence,” that does not exactly tell the entire story, which is why having a criminal defense attorney assisting you with your case is necessary. Illinois criminal laws can be complicated and nuanced. Your attorney will be able to examine exactly which felony the State is using as the predicate offense and whether the armed-violence statute legally applies to that offense. Challenging the predicate felony can be a big deal for someone who is facing armed violence charges. If the evidence does not establish the underlying felony, this can have significant consequences for the armed-violence charge itself.
Get Qualified Legal Help Today
Understanding your rights and obtaining legal representation early when you are facing allegations of gun law violations in Illinois best positions you for the most favorable results. For more information, please speak with our Schaumburg criminal defense attorneys at Glasgow & Olsson today and learn how decades of trusted experience can protect what matters most to you.
Our law firm is widely recognized as a leading authority in criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When your rights and freedoms are on the line, having an attorney on your side with an excellent reputation and unimpeachable experience matters.