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Aggressive. Experienced.
Skokie Criminal Defense Attorney
Former Cook County Felony Prosecutor
Armed Habitual Criminal
Armed Habitual Criminal Charges in Skokie, Illinois
Being charged as an Armed Habitual Criminal is one of the most serious criminal offenses in Illinois, carrying severe legal consequences, including long prison sentences, substantial fines, and a permanent criminal record. If you are facing Armed Habitual Criminal charges in Skokie, it is crucial to understand the gravity of these charges, the potential penalties, and the importance of securing experienced legal representation to protect your rights and future.
What Constitutes an Armed Habitual Criminal?
Under Illinois law, specifically 720 ILCS 5/24-1.7, the Armed Habitual Criminal statute applies to individuals who possess, use, or carry a firearm after having been convicted of two or more qualifying felonies. These qualifying felonies include, but are not limited to:
Forcible felonies: Such as robbery, burglary, aggravated battery, and home invasion.
Weapon-related offenses: Such as unlawful use of a weapon, aggravated discharge of a firearm, or prior firearm offenses.
Drug offenses: Such as possession with intent to deliver controlled substances or other serious drug-related felonies.
The key element of the Armed Habitual Criminal charge is the combination of past felony convictions with the possession or use of a firearm, making it a highly aggravated offense under Illinois law.
Penalties for Armed Habitual Criminal in Skokie
The penalties for being convicted as an Armed Habitual Criminal in Illinois are among the most severe and include:
Class X Felony: Armed Habitual Criminal is classified as a Class X felony, which is the most serious category of felony in Illinois. It carries a mandatory prison sentence of 6 to 30 years, with no possibility of probation.
Extended Term: In cases involving particularly egregious circumstances, such as the use of a firearm in the commission of another crime, the prison sentence can be extended up to 60 years.
Fines: Fines for an Armed Habitual Criminal conviction can reach up to $25,000, in addition to any restitution that may be ordered to compensate victims.
Permanent criminal record: A conviction as an Armed Habitual Criminal will result in a permanent criminal record, which can severely impact your ability to find employment, secure housing, and maintain personal and professional relationships.
Defending Against Armed Habitual Criminal Charges in Skokie
Given the severe penalties associated with Armed Habitual Criminal charges, a strong defense is essential. Some potential defense strategies include:
Challenge to prior convictions: The prosecution must prove that the prior convictions qualify under the Armed Habitual Criminal statute. If there are issues with the validity or classification of the prior convictions, the charges may be reduced or dismissed.
Lack of possession: The prosecution must prove that you knowingly possessed the firearm. If the firearm was not in your actual or constructive possession, this could serve as a defense.
Mistaken identity: If you were wrongly identified as the person in possession of the firearm, presenting evidence of mistaken identity or an alibi can be crucial.
Violation of rights: If your rights were violated during the investigation or arrest, such as through unlawful search and seizure, coercion, or improper handling of evidence, it may be possible to suppress key evidence, weakening the prosecution’s case.
Why Choose Andrew M. Weisberg as Your Skokie Defense Attorney for Armed Habitual Criminal Charges?
Andrew M. Weisberg is a highly experienced criminal defense attorney with a deep understanding of Illinois law and a proven track record of defending clients against charges like Armed Habitual Criminal in Skokie and throughout Cook County. His background as a former prosecutor provides him with unique insights into the prosecution’s strategies, enabling him to build a strong and effective defense tailored to your case.
Contact Andrew M. Weisberg for a free consultation today at (847) 350-1266 to discuss your case. With his dedication to protecting your rights and fighting for the best possible outcome, Andrew is the advocate you need in these challenging legal circumstances.
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