If you are subject to an order of protection (OOP) in Illinois, then you must understand the severe criminal penalties that can come with not following the order’s terms. Violating an OOP can result in a Class A misdemeanor or, under specific circumstances, a Class 4 felony. Additionally, federal restrictions can also apply to your situation, which can mean that you may face consequences beyond the original protective-order case.
When your OOP involves possession of firearms or other weapons, you must have a full understanding of what the terms you must follow are, as well as the potential penalties for any violations of such terms. Having an attorney review your order can help you understand your options and make informed decisions about your case.
Call a Schaumburg weapons defense lawyer at Glasgow & Olsson to discuss your case today. Our legal team has successfully defended clients throughout Chicagoland who were charged with weapons offenses.
Defense Strategies For Possession While Being Subject To An OOP In Illinois
An experienced attorney who knows the state and federal laws will be able to examine the details of your case rather than automatically assume that possession establishes a crime. Consequently, important questions that will be asked can include:
- What does the order actually prohibit? The precise language, duration, and the applicable restrictions matter a lot.
- Was the order legally enforceable? All of the details surrounding the order’s issuance, service, and the defendant’s knowledge may be relevant, depending on the charge.
- Did the defendant possess or control the item? Ownership, physical possession, access, and control are distinct factual issues.
- Does federal firearm law apply? You want to work with an attorney who knows federal gun laws and who can assess federal restrictions rather than rely solely on the wording of the Illinois order.
- Is there supporting evidence? Police reports, witness statements, communications, and records may help explain how the alleged possession took place.
The right defense for your unique situation will depend on the charge, the available evidence, and applicable law. Of course, no single argument guarantees dismissal, but a careful legal review can identify weaknesses in the prosecution’s case and potential avenues for challenging the allegations. For this reason, prompt action by contacting an attorney is critical and can help you build the ideal defense strategy to protect yourself.
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 Chicago 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.