Waukegan, IL Weapons Charges Defense Attorney

Aggressive Defense Attorney Representing Clients With Weapons Charges in Waukegan, Illinois

Any criminal offense involving a weapon in Illinois can come with strict prosecution, with the possibility of years behind bars for a conviction. If a deadly weapon was involved, the consequences may be even worse. In the event that you are charged with one of these crimes, do not hesitate to reach out to a Waukegan weapons charges defense attorney.

At Law Office of Theodore S. Potkonjak, we can guide you during the legal proceedings of a weapons charge, working hard to mitigate the seriousness of the offense, seeking a dismissal of charges whenever possible. With over 40 years of legal experience, Attorney Potkonjak is highly qualified to help you address misdemeanor and felony charges in court.

Unlawful Possession of Weapons in Illinois

Illinois law strictly regulates who may lawfully carry or possess a firearm or other weapon. Under the Firearm Owners Identification Card Act and the Criminal Code, a person may be charged with unlawful possession if they lack the required FOID card, carry a weapon in a prohibited location, or possess an illegal weapon such as a sawed-off shotgun.

Even a minor paperwork error can trigger a felony charge, potentially carrying years in prison and hefty fines. Judges and juries will consider factors such as prior convictions, intent, and whether the weapon was loaded or concealed. In many cases, a conviction may result not only in criminal penalties but also in the loss of the right to own or carry firearms for years to come.

Aggravated Charges Involving Firearms and Weapons

When a weapon is used to threaten or harm another person, the offense can be elevated to an aggravated felony. Armed robbery occurs when an individual, while armed with a dangerous weapon, uses force or intimidation to take property from another. Illinois treats armed robbery as a Class 1 or Class X felony, depending on aggravating factors such as the weapon's use in causing serious bodily harm. This can entail up to 30 years in prison, so putting up a strong defense is critical.

Aggravated assault applies when a firearm or deadly weapon is employed to injure or attempt to injure a victim. A defendant convicted of an aggravated weapons charge may face years behind bars, and the stigma of a violent criminal record can shadow employment, housing, and family life long after release.

How Can You Defend Against a Weapons Charge?

A skilled defense attorney will examine every element the state must prove and look for flaws in the prosecution's case. Common lines of defense and mitigating factors include:

• Mistake of fact when a defendant genuinely believed the weapon was unloaded, inoperable, or otherwise legal to carry
• Lack of actual possession for cases where a weapon was found in a vehicle or shared space but never in the defendant's control
• Illegal search and seizure when police violated constitutional rights by conducting an unlawful stop or search without probable cause
• Demonstrating that the weapon belonged to another person and that the defendant had neither knowledge nor intent to possess it

By challenging procedural errors, questioning witness credibility, and introducing expert testimony on ballistics or police procedure, a defense lawyer can reduce charges or secure a complete acquittal. Early intervention and thorough investigation often lead to better outcomes by identifying exculpatory evidence before it disappears. If you face unlawful possession or aggravated weapons allegations, prompt consultation with counsel can protect your rights and your future.

Contact a Waukegan, IL Weapons Charges Defense Attorney

At Law Office of Theodore S. Potkonjak, we understand what is at risk in a weapons charge. To schedule a complimentary consultation with our firm, call us at 847-263-1200 or contact our Waukegan weapons charges defense lawyer. Our firm handles cases in Lake County, McHenry County, Cook County, and DuPage County.