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If you or someone you know has been charged with a weapons-related crime, your first call should be to an experienced Chicago weapons attorney. Gun crimes are aggressively prosecuted in Chicago.
Gus Kostopoulos is a former prosecutor with over 18 years experience in criminal law. This knowledge allows us to offer exceptional legal representation to clients charged with a weapons crimes.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Weapon Related Crimes
Before you can understand Illinois weapon and gun crimes you must be able to identify what a weapon is for the purposes of the law. Illinois defines a deadly weapon as either:
- an object that qualifies by law (such as a firearm, knife, or poison), or
- an object that could be used in a manner that could cause death.
Examples of objects that could be considered deadly weapons – if used in the assault or battery of another – include broken bottles, rocks, or pipes.
What conduct, then, is illegal if you own, use, or possess a deadly weapon? Illinois is home to relaxed gun and weapon ownership laws, but also to steep consequences for abuse of those rights. If you are facing criminal charges, call attorny Gus Kostopoulos today to discuss your case.
Unlawful Use of Weapons
Unlawful Use of Weapons [720 ILCS 5/24-1] is perhaps the most expansive of Illinois’ weapon-related laws. The name of the statute itself is somewhat misleading, as violation does not require the actual use of a weapon. Rather, possession in unlawful circumstances or in certain locations is enough to warrant arrest and criminal charges.
You may be charged with unlawful use of a weapon in Illinois if, when possessing a weapon, you:
- Do not have a valid Firearm Ownership Identification Card (FOIC);
- Are a convicted felon;
- Have immediate access to a loaded weapon in your car;
- Have immediate access to an unloaded weapon and ammunition in your car;
- Commit a misdemeanor drug crime;
- Commit a violent misdemeanor;
- Are under the legal age to own a firearm (21);
- Violate an order of court protection; or
- Are engaged in gang-related activity.
Penalties for unlawful use of weapons are automatically elevated if a convicted felon is found in the possession – whether actual or constructive – of a weapon. Illinois prohibits convicted felons from owning or possessing weapons. This includes those in their own home for protection. Many times, felons are charged with this crime after a search warrant is executed on their home and weapons are discovered by police.
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My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
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I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Reckless and Aggravated Discharge of a Firearm
A person may be charged with Reckless Discharge of a Firearm [720 ILCS 5/24-1.5] if he or she fires a weapon in such a way as to endanger the bodily safety of another.
A person may be charged with Aggravated Discharge of a Firearm [720 ILCS 5/24-1.2] if he or she knowingly or willfully fires a weapon in the direction of another person or into a building or vehicle known to be occupied.
In many cases, charges for Aggravated Discharge of a Firearm are brought concurrently with charges for Attempted Murder if a firearm is used in the attempt.
In Illinois, it is illegal to attempt to kill another person. Attempted First Degree Murder [720 ILCS 5/8-4(a)] is often, but not always, an offense committed with a firearm. If a firearm is used in the course of the attempt penalties are elevated.
Punishments for Weapons Related Crimes
Punishments for weapon and gun crimes in Illinois range from probation to serious terms of imprisonment. The penalties depend on:
- the specific charges against you,
- the extent of any injuries or harm inflicted on another, and
- any prior criminal convictions.
If infractions are minor, you may be charged with a Class A Misdemeanor, which is punishable by up to a year in jail and/or fines of up to $2,500.
Prosecutors have discretion and, in some cases, may agree to probation for first-time offenders. Most weapon and gun-related charges in Chicago, however, are felonies. The specifics of your case will determine the charges against you, but weapon-related crimes are often charged as Class 2, Class 3, or Class 4 Felonies. Prison time associated with these Felony charges range from one to seven years.
In some cases, especially if a weapon is used in the course of an attempted murder, the charges may be:
- a Class 1 Felony, which is punishable by 4-15 years in prison and fines of up to $25,000, or
- a Class X Felony, which is punishable by 30-6 years in prison and fines of up to $25,000.
If the target of an attempted murder or aggravated discharge of a firearm the term of imprisonment must be no less than 20 years and no greater than 80 years.
Note, penalties may be elevated if weapons are sold, purchased, used, or possessed on or near certain premises. These include:
- Schools;
- Public Housing Agencies;
- Public Parks; and
- Courthouses or other government buildings.
If you are charged with Unlawful Use of Weapons at or near one of these locations the term of imprisonment, upon conviction, may be extended by 3 to 7 years.
Defenses to Weapons-Related Charges
With the assistance of a skilled Chicago weapon crime attorney, you may be able to assert a number of defenses to the charges against you. These include:
- Infringement of Constitutional rights;
- Inability to immediately access a weapon; or
- Lack of requisite knowledge.
Many weapons and gun-related charges are based on evidence uncovered during a routine traffic stop. If you believe that your Constitutional rights were violated during an unlawful search – which resulted in police finding a weapon in your vehicle or home – you should contact a criminal defense attorney immediately.
Our attorneys will:
- investigate the circumstances surrounding your arrest,
- review police records and logs, and
- determine whether a search or your arrest were unlawful.
If the prosecution is forced to throw out the evidence obtained in an illegal search or arrest they will be less likely to be able to pursue the charges against you.
Contact an Experienced Chicago Criminal Defense Attorney
If you or someone you know has been charged with a weapon or gun crime in Illinois, you should contact a seasoned Chicago criminal defense attorney immediately. A weapon crime conviction can have serious consequences that can affect your ability to enjoy certain privileges in the future. Employers, landlords, and lenders who opt to run a background check will see the conviction on your record and may not choose to approve your application or employment. To maximize your defense, enlist the assistance of an experienced Chicago defense attorney.
At Kostopoulos Law Group, our attorneys are dedicated to aggressively advocating for our clients’ rights. We are ready to help you fight to protect your rights and reduce the potential penalties you may face. Call us today for a free consultation. We will review the details of your case, identify potential defenses, and explain your legal rights and obligations.
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Call Dupage County and Cook County criminal defense attorney Gus Kostopoulos today to discuss your case.
