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Chicago Armed Habitual Criminal Charges
Advocating for Clients Facing Armed Habitual Criminal Accusations in Chicago
On Thursday, July 30, a carjacking suspect in Chicago shot three police officers from the back of a police car after concealing a weapon during his arrest. As a result, he faced the following charges:
- six counts of attempted murder
- one count of aggravated possession of a stolen motor vehicle
- two counts of drug possession
- one count of illegal possession of a weapon by a felon
- two counts of resisting arrest
- one count of being an armed habitual criminal.
The 26-year-old suspect was on parole since April for felony possession of a gun. This means he was convicted of a felony in the past, then caught in possession of a firearm after serving time for the first felony. Since he is facing an armed habitual criminal charge, this means that at the very least, this accusation could result in a third violent felony conviction involving the possession of a firearm. As such, the suspect could face up to 30 years in prison for that charge alone.
If you were charged with an armed habitual criminal offense in Chicago, contact my firm at (888) 412-3741 to schedule a free consultation.
What Is an Armed Habitual Criminal Charge?
When a person is charged with being an armed habitual criminal in Illinois, it means they allegedly received, sold, possessed or transferred a firearm after having two or more convictions of any combination of the following offenses:
- Forcible felony, which involves using or threatening to use physical force or violence against another individual, including or in addition to aggravated battery that resulted in great bodily harm or permanent disability or disfigurement.
- Unlawful use of a weapon by a felon (UUWF), aggravated unlawful use of a weapon (AUUW), or aggravated discharge of a firearm, or aggravated unlawful use of a weapon (AUUW), which are all serious and often violent weapons offenses.
- Vehicular hijacking, which is often a violent offense.
- Aggravated battery of a child, which is inherently violent.
- Aggravated intimidation, which is intimidation committed in furtherance of gang or organized crime activity and intended to prevent someone from being a community policing volunteer. The offense may be committed against a peace officer performing official duties.
- Gunrunning, which includes the transfer of three or more firearms.
- Home invasion.
- Aggravated battery with a firearm.
- Violation of the Illinois Controlled Substances Act or the Cannabis Control Act, which is a Class 3 felony or higher.
The charge also includes intimidation, which is defined as intending to make a victim do something by threatening them with physical harm or confinement, or the following:
- harming another person
- threatening to commit any other felony or Class A misdemeanor
- accusing anyone of a crime
- exposing them to hatred, contempt, or ridicule
- taking action as a public official against them
- bringing about a strike or boycott
The purpose of an armed habitual criminal charge is to indicate to the justice system that the defendant is not afraid to use or threaten to use force or violence with a weapon against another person, and importantly, has not been deterred from that behavior by previous criminal convictions.
How Serious is a Chicago Armed Habitual Criminal Charge?
If you have been charged with previous offenses in Chicago, and you are then caught selling, possessing, or transferring a firearm you are at risk of being charged as an Armed Habitual Criminal. This charge is no light matter; in order to fight the charge, a defendant will require the competent and skillful legal representation of an experienced Chicago criminal defense attorney. Thomas C. Hallock is an Illinois criminal defense attorney who has experience helping individuals in the greater Chicago area who have been charged with crimes fight their charges and see the best outcome possible. Thomas C. Hallock can help you when you are facing a small charge or a complex criminal charge.
When is Armed Habitual Criminal Charge Applied?
Under Illinois statute 720 ILCS 5/24-1.7, if you are found trying to sell a firearm, if you have possession of a firearm, or if you are trying to make a transfer of a firearm and you have been convicted of two or more of any of the following you can be charged as an Armed Habitual Criminal.
- Forcible felony
- Unlawful use of a weapon
- Aggravated unlawful use of a weapon
- Aggravated Discharge of a firearm
- Aggravated Vehicular hijacking
- Vehicular hijacking
- Aggravated battery of a child
- Aggravated intimidation
- Home invasion
- Aggravated Battery with a firearm
What Is the Penalty for an Armed Habitual Criminal Conviction?
An armed habitual criminal charge is a Class X felony in Illinois, meaning the penalty can range from a minimum of six years behind bars to 30 years. Other than first-degree murder, this is the most serious class of offense in Illinois, meaning the state is serious about keeping repeat violent offenders off the streets and behind bars.
Additionally, if you are in violation of theIllinois Controlled Substances Act or the Cannabis Control Act that came with a Class three felony or above, you may also be charged with AHC. When you are charged with this offense it is considered a Class X felony which is the most serious type of felony, outside of a first-degree murder charge that you can get in the state of Illinois. There is no ability for probation with an Illinois Class X felony charge and there is no way to avoid prison time. A defendant who is convicted of a Class X felony will serve a minimum of six years in prison.
When you are facing the AHC charge, your life will be seriously affected. You will serve time and your sentence can be quite lengthy. It is vital that you have the most talented and aggressive form of legal representation to help you protect your rights.
Contact a Chicago Armed Habitual Criminal Defense Attorney
When you work with Thomas C. Hallock, an experienced Chicago Gun attorney, you will be sure that you will have a trusted advocate who is on your side, fighting relentlessly for your freedom. When you work with Hallock Law, Inc., your case will be investigated from every angle to find a way to litigate the most favorable outcome.
Hallock Law, Inc. has been providing the greater Chicago area with trusted Illinois criminal defense services. Thomas C. Hallock can be reached at (312) 487-2441 for local residents or toll-free at (888) 412-3741 to schedule your free consultation. When your freedom is on the line, you need the best legal defense there is, and Hallock Law, Inc. has a reputation for fighting for the freedoms and rights of those charged with crimes in Chicago.
What You Should Do
- Be respectful.
- Calmly record the interaction.
- Ask if you are free to leave. If you do not ask, the officer may think - and the judge may agree - that the interaction is consensual.
- If you are free to leave, go! If you are not free to leave, do not answer and questions before speaking with your attorney.
What You Should Not Do
- Do not physically resist arrest.
- Do not become aggressive or confrontational.
- Do not consent to a search. The Constitution does not apply if you consent.
- Do not answer questions without first speaking with your attorney. Police are allowed to hold you for 48 hours and they may lie to you the entire time.