Armed Habitual Criminal Lawyer in Springfield
Marcus Schantz Fights for His Clients
The state of Illinois is known for having tough gun and weapon offense laws, and is especially harsh in sentencing people with criminal histories.
An Armed Habitual Criminal is anyone who possesses, transfers or sells a firearm after twice being convicted of other specific crimes.
Specific Prior Crimes Relating to Armed Habitual Criminal
As mentioned above being charged with Armed Habitual Criminal requires in addition to unlawful use of a weapon, two prior convictions as follows:
- Any forcible felony, or
- Any of the following: unlawful possession of a weapon by a felon, aggravated discharge of a firearm, vehicular hijacking, aggravated vehicular hijacking, aggravated battery of a child, intimidation, aggravated intimidation, gun running, home invasion or aggravated battery with a firearm, or
- Any violation of the Controlled Substances Act or Methamphetamine Control and Community Act that resulted in a Class 3 conviction or higher
Contact Marcus Schantz now at (217) 572-1559 ask him any questions regarding your case.
Penalties for Armed Habitual Criminals
Armed Habitual Criminal is a Class X felony with a six-to-30-year sentencing range; there is no chance of probation. There is also at the end of the prison term three years of mandatory supervised release.
Defenses in Armed Habitual Criminal Cases
The Fourth Amendment protects Americans against unreasonable or illegal searches and seizures. Consequently, police must always obtain all evidence legally, but they often do not follow the law.
Evidence illegally seized must be challenged in court by a Fourth Amendment motion and hearing. The defense attorney must convince the judge that the evidence against the defendant was collected unlawfully; if successful, the case is usually dismissed.
Previous Case Example
The client in his early sixties who lived in the south side of Chicago heard someone violently knocking on his door. He then saw someone walk around the side of the house, possibly looking for a rear entrance. The client grabbed a baseball bat when the man returned to the front door. The client opened the door and waved the bat, insisting the man go away. The man was a process server looking for the client’s wife who was not at home. He called the police and said the client had waved a gun at him. The police entered the client’s home. A handgun wasn’t seen in the immediate area, so they searched the entire residence as if they had a search warrant which they did not. A shotgun was found, and because of his criminal history, the client was charged as an Armed Habitual Criminal.
A motion to suppress evidence was filed and a hearing on that motion held. The judge ruled the evidence had been seized legally. The client was looking at possibly spending the rest of his life in prison. But the judge later reversed his ruling after reading the argument contained in a motion to reconsider. The case was dismissed.
Contact Attorney Marcus Schantz today!