This is the next post in my series on dealing with firearm-related cases in Peoria and other Illinois areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been arrested. It is important to retain counsel immediately so that they may properly investigate the matter and begin to form a defense. In this article I will be discussing the handling of federal gun crime charges in the Central District of Illinois. If you require assistance then contact my office today to speak with a criminal defense lawyer.
Illinois residents may face federal gun charges for possessing a firearm after a felony or domestic violence conviction
One of the most common gun-related charges brought in Federal Court relates to violations of 18 USC 922. This is a federal statute which prohibits an individual from possessing a firearm after they have been convicted of any felony or of domestic violence. It is important to note that this prohibition applies to possessing a gun, meaning that simply holding a gun which belongs to someone else can result in criminal charges. Also, the prior felony or domestic violence conviction does not have to have occurred in Illinois. Possessing the firearm in Illinois, after having been convicted in any of the fifty states, will trigger the statute.
Those who are charged with being a felon in possession of a firearm sometimes face additional charges as well. It is not uncommon for an individual to be arrested for another crime and, during the course of the arrest, they are found to be in possession of a firearm. An example of this would be a person being caught with drugs, such as methamphetamine, heroin, or fentanyl, and law enforcement finds a gun in their car or on their person. In a situation such as this, one will face charges for possession or trafficking as well as charges for illegal firearm possession. Such a situation can result in a lengthy criminal sentence.
Possessing a firearm, while committing another crime, can result in severe federal penalties
There are many situations where the possession of a gun can lead to more serious federal penalties for an offense. This is true even if the defendant has no prior criminal convictions. Possessing a gun while engaging in drug trafficking, for example, can result in up to five years in federal prison. This penalty can be elevated to seven years if the individual actually brandishes the weapon. There are several other situations where possessing a gun, during the commission of a crime, can lead to additional charges. Also, several offenses carry penalties which can be elevated if the defendant was in possession of a gun during the commission of the crime.
If you or a family member are in need of assistance then contact my office today to speak with a Peoria gun crime lawyer. I am licensed to handle federal criminal cases and my office prides itself on providing a high level of service. I will conduct a full investigation into the matter, will file any necessary Motions with the Court, and my firm will take steps to protect your rights throughout the process. I understand that this is a serious time in your life and we are ready to assist you. Contact us online or by telephone today.
In addition to Peoria, we also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.