It is important to understand that the state of Illinois punishes individuals who have committed armed violence. The offense is governed primarily under 720 ILCS 5/33A, Article 33A of the Illinois Criminal Code. As such, it is essential to know that armed violence is not simply a charge that alleges you possessed a weapon. Instead, the statute generally connects an alleged weapon possession or discharge during the commission of another felony.
Being charged with Armed Violence in Illinois can expose you to substantial criminal penalties if you are convicted. The extent of your sentence will depend on the following:
- The precise underlying felony being committed
- The type of weapon that was involved in the commission of that felony
- Whether the firearm was discharged during the felony act
If you have been arrested and charged with armed violence in Illinois, you should immediately seek the assistance and guidance of an experienced attorney. Do not assume that because you did not fire your weapon that this charge will not apply to you. For example, Section 33A-2(a) addresses being armed with a dangerous weapon while committing a qualifying felony, with separate provisions for the actual discharge of your firearm.
The Chicago armed violence defense attorneys at Glasgow & Olsson can provide you with legal counsel to protect you from suffering the severe consequences of an armed violence conviction. Our team has the background, in-depth knowledge of Illinois criminal laws, and the resources necessary to provide you with the strongest defense possible.
Understanding Armed Violence Under Illinois Law
A person commits armed violence when they are armed with a qualifying dangerous weapon while they are also committing a felony.
Additionally, the statute separately addresses situations where someone personally discharges certain firearms while committing a felony offense. Further, there is a provision that applies when the firearm is discharged in a proximity that causes great bodily harm, permanent disability, permanent disfigurement, or death.
When an armed violence case is tried, there are often two important components:
- The underlying felony
- The alleged possession or use of a qualifying weapon in connection with the felonious act
What Are Qualifying Weapons?
For the purposes of Article 33A, dangerous weapons are divided into three categories.
Category 1
These weapons include handguns, sawed-off shotguns, sawed-off rifles, certain concealable firearms, semiautomatic firearms, and machine guns.
Category 11
These weapons include certain rifles and shotguns as well as various other weapons like certain stun guns or tasers, knives with blades of at least three inches, daggers, dirks, switchblades, stilettos, axes, hatchets, and other similarly dangerous weapons.
Category 111
These weapons include bludgeons, blackjacks, slungshots, sandbags, metal knuckles, billys, and similar dangerous weapons.
Remember, details matter. The classification of the alleged weapon in an armed violence charge can be extremely important to a defendant. This is because the different categories of weapons can result in substantially different sentencing consequences. To ensure that you are able to obtain the most optimal outcome in your armed violence case, you must not wait to speak with an attorney if you have been arrested or are under investigation.
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.