This is the next post in my series on the handling of gun-related charges in Peoria and other areas of Illinois. My last article discussed how search and seizure issues can impact gun cases. It is important to understand that if law enforcement violated the Fourth Amendment then, depending on the facts and circumstances of the case, it may be possible to gain a dismissal of the charges. An experienced attorney can assist you with determining the best path forward in your particular situation. In this article I will discuss how the use of a firearm can escalate other charges. If you or a family member are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Most offenses become more serious in nature when a weapon is used. I previously touched on this fact, for example, in my article on how the use of a weapon enhances domestic violence charges. In such a situation, the use of a gun can elevate the offense from a Class A misdemeanor to a Class 2 felony. This can mean the difference between receiving probation and serving a mandatory prison sentence. Many other crimes result in elevated charges as well. Finally, even if one is in legal possession of a gun, there are times when having a gun during the commission of another crime can result in additional felony counts.
If an individual is convicted of a gun-related felony then they will forever lose their right to bear arms even if it is their first conviction. Under 18 USC 922(g), any felony conviction will make a federal offense for one to be in possession of a firearm. This is true even if the individual moves out of Illinois. So, for example, if one is convicted of felony domestic violence in our state, and they then move to another state, they will be prohibited from possessing a weapon in that state under federal law. Moreover, sealing the record does not restore the right to bear arms. The right is simply lost forever.
If you are facing an offense which involved a gun then it is important to understand that both the prosecution and the judge will take such matters very seriously. It is important that you retain an attorney with substantial experience in such matters. I am a Peoria gun crime lawyer and a former prosecutor who devotes his practice to protecting the rights of the accused. I am well aware of the fact that this is a serious time in your life. I pride myself on providing quality representation and I believe everyone is entitled to respect. Contact us online or by telephone today to schedule an initial consultation.
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.