Weapons Charges Lawyer in Chicago
Illinois takes gun and weapons offenses seriously, but an arrest does not mean the State has already won.
If you or someone you care about has been arrested for a weapons offense in the Chicagoland area, your next move matters. Illinois gun laws are complicated, heavily enforced, and aggressively prosecuted. One mistake or one misunderstanding can lead to felony charges that threaten your freedom, your record, and your future.
At Kovacevic Law, we understand what you are up against. With more than a decade of criminal defense experience and real courtroom skill, we know how prosecutors build weapons cases and what it takes to break them apart. You will work directly with your attorney from day one, and you will always know where your case stands and what options you have.
Many weapons arrests begin during traffic stops, misunderstandings about FOID requirements, or situations where someone did not realize their conduct was illegal. Whatever led to your charge, we treat you with respect and fight to protect you the moment we take your case.
You are not alone in this. You have rights, and you have defenses.
The Immediate Impact of a Weapons Charge in Illinois
Weapons charges can feel overwhelming, especially when the State is pushing for harsh penalties. The good news is that a weapons arrest does not automatically mean a felony conviction. With the right defense, many cases can be dismissed, reduced, or resolved in a way that avoids prison time.
Before we get deeper into the legal details, let’s address the questions that are likely keeping you up at night:
- Am I going to prison?
- Will I be charged with a felony?
- Did the police violate my rights?
- What happens to my FOID card or my firearm rights?
- What is going to happen during my court dates?
Illinois weapons laws are broad. You can be charged even if you never fired, aimed, or used a weapon. Simply possessing a firearm in the wrong place or without the proper documentation can lead to a criminal case.
We have defended clients throughout Cook, DuPage, Lake, Kane, and Will Counties who were anxious and unsure of what to do next. Many were good people who made one mistake or found themselves in the wrong situation. With the right legal help, they were able to move forward.
You can too.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Learn what to expect when facing a weapons charge in Illinois and how a skilled Chicago defense attorney can help protect your rights.
What counts as a weapon under Illinois law?
Illinois defines a weapon as any object that is legally considered dangerous or that can be used in a way that causes serious harm. This includes firearms, knives, and other objects like broken bottles, metal pipes, or heavy tools. Even items that were never intended as weapons can qualify depending on how the State interprets your situation.
Can I be charged even if I never fired the weapon?
Yes, many Illinois weapons charges, including Unlawful Use of a Weapon, are based on possession rather than use. You can be arrested for having a loaded firearm in your car, carrying a weapon without a valid FOID card, or having access to a weapon while violating a court order. Illinois does not require the weapon to be fired at all.
What is the difference between reckless discharge and aggravated discharge?
Reckless discharge applies when someone fires a weapon in a way that puts another person at risk. Aggravated discharge applies when someone knowingly fires toward a person, a building, or a vehicle. Aggravated discharge is a felony and can carry severe prison sentences. In some cases, prosecutors may also add attempted murder charges.
Are weapons charges always felonies in Illinois?
Not always. Some weapons offenses can start as Class A misdemeanors, especially cases involving first time offenders or minor infractions. However, many charges involving firearms are Class 4, Class 3, or Class 2 felonies. More serious cases can rise to Class 1 or Class X felonies with significant prison time. Your record and the specific facts of the case influence how the State classifies the charge.
What defenses exist for weapons charges?
Weapons cases often involve constitutional issues related to searches and seizures. If the police violated your rights during a stop, search, or arrest, the evidence may be thrown out. Additional defenses include lack of knowledge, improper access, or mistakes regarding FOID or concealed carry laws. A strong defense starts with a full investigation of how the police handled your case.