What Are The Penalties For Aggravated Unlawful Use Of A Weapon Conviction?
I went through a bunch of different charges though, all right, so you can have unlawful use of the weapon that could just be possessing a switchblade, that’s a class A misdemeanor. So, the worse you get a year in jail and $2,500 fine. You could have your aggravated unlawful or you could have your no FOID card, that also is a class A misdemeanor with the same penalties. You could have aggravated unlawful use of weapons, which is usually a class III felony and that carries 2 to 5 years in prison and a $25,000 fine. You could have unlawful use of weapons by a felon and that’s a class II felony, you’re looking at 3 to 7 years in prison and a $50,000 fine. You could have armed robbery with a gun and that’s a class X felony, you’re looking at 6 to 30 years in prison with no probation possible.
You could have an armed violence, where let’s say somebody is using a gun to commit a violent felony, whether it’s a robbery or an aggravated battery causing great bodily harm or everything else, you could get charged a couple of different ways. You can get charged an aggravated battery with a deadly weapon, you could get charged on violence, both are class X felonies and the armed violence is a 15-year minimum. So, a lot depends on how the prosecutor decides to actually charge you because you can have the same weapon, the same felony being committed and it’s up to the prosecutor in his discretion, the prosecutor’s always have prosecutorial discretion as to what they’re going to charge.
You could have that whole scenario where someone’s got a gun and they’ve got drugs and everything else and the state attorney wants to give them a break, he only charges them with no FOID card. If you want to throw the book at them and put them in jail, he charges them with armed violence. So, there is a lot of discretion with the prosecutor, not so much discretion with the judge because when it comes to sentencing, like on the class X felonies, like armed violence, the judge has no discretion. He cannot give you probation or even any class X felony like armed robbery. The judge cannot give you probation even if he thinks you’re a nice guy, you made one mistake in your life and you deserve a break.
The sentencing is all over the board and it really depends on what you are charged with, how serious it was, how good a job your defense attorney does and how vehement the prosecutor is on getting their pound of blood out of you.
Is There Any Room For Leniency When It Comes To Sentencing For First Time Offenders?
Only if a judge has a probationable case, there is room for leniency. There is always room for leniency, if you want to call that, within the appropriate parameters of the charge. Like with that armed violence, it’s 15 to 30 whereas with an armed robbery, it’s 6 to 30. So, obviously the judge being lenient, he gives you 6 years and if he wants to send you away forever, he’ll give you 30. So, there is always room for leniency depending on the facts of the case, how much mitigation you’ve presented with your attorney to show that you deserve a break, or the state’s going to come in an aggravation and show you’ve got three of the same prior offenses in you’re on probation for one of them at the time, the judge is likely going to treat that appropriately and he’s going to max you out.
Every case is unique, every case needs to have a good defense attorney representing you to get the most out of your case if you’re defending them and hopefully not go to prison but it’s really hard to tell you what usually happens because there are just a 100 different possibilities of what you could be charged with and what background the person has.
Is There A Diversion Program For First Offenders In Illinois?
I’m not familiar with that. There’s no first offender program. I mean that’s part of the thing, you’re supplying your mitigation to the prosecutor saying, “Look, this person deserves a break, they’re young or they’ve got no prior record or whatever”, that’s all part of what a good defense attorney will do is provide the prosecution with as much mitigation as possible to get to the first offender type treatment but there is no first offender law. Like armed robbery, first offender or not, you are still going for 6 to 30, armed robbery, you’re still looking at 15 to 30. It doesn’t matter. So, the non-probation-able cases, so the judge can always be somewhat lenient, there’s no first offender treatment.
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