Armed Violence Laws – What You Need to Know
Armed violence is no joke. Getting caught up in something like this can land you in some serious legal trouble. But at the same time, armed violence laws can be kind of confusing and vague. As someone who got wrapped up in some armed violence charges myself a few years back, I want to break down the law in simple terms so you know what you’re dealing with if you ever find yourself in this situation.
The Basics
The Illinois law about armed violence is 720 ILCS 5/33A-2. Basically it says that if you commit a felony while armed with a dangerous weapon, you can be charged with armed violence. This is in addition to whatever other charges they hit you with for the original felony.
What counts as a dangerous weapon? Pretty much anything they think you could hurt someone with – guns, knives, brass knuckles, even a broken bottle or a piece of wood. And you don’t actually have to use the weapon for the armed violence charge. Just having it on you is enough.
The felonies that most often lead to armed violence charges are robbery, burglary, motor vehicle theft, arson, and home invasion. But it could be applied to any felony. This charge is no joke – it can add between 15 years to life in prison on top of the sentence for the original crime.
Real World Examples
Let’s say you and your buddies decide to rob a gas station. Dumb idea, I know. One of you has a gun, but never takes it out or points it at anyone. You just flash it to look tough. You grab some cash from the register and take off.
Even though you didn’t directly use the gun to commit the robbery, you’d likely be charged with armed robbery and armed violence since your buddy had the gun on him. That gun turns a simple robbery into armed robbery with way worse penalties.
Or let’s say you get into an argument with someone at a bar and end up beating them up badly. That’s felony aggravated battery. If you had a knife in your pocket at the time, even if you never pulled it out, it becomes armed violence. You’d get the aggravated battery charge plus armed violence which adds a minimum 15 years in prison.
Defenses
If you do get slapped with an armed violence charge, there are a few defenses that might help:
- You didn’t know the weapon was there. If you can prove you had no idea your buddy had a gun on him during the robbery, it helps show you shouldn’t be charged with armed violence.
- The weapon wasn’t yours. Similarly, if it wasn’t your weapon and you never intended to use it, you can argue against the charge.
- The weapon wasn’t actually dangerous. If the supposed “weapon” was something ridiculous like a butter knife or a rolled up newspaper, you may be able to fight the armed violence charge since there was no real danger.
- You had a legal reason for having the weapon. If you had a concealed carry permit for a gun or you had a pocket knife for work, the weapon was legal and you can argue against armed violence.
How Lawyers Can Help
If you do get charged with armed violence, don’t go it alone. Get a lawyer experienced with these kinds of cases. A good lawyer can evaluate all the evidence and figure out the best defense strategy.
They may be able to get the armed violence charge dismissed or reduced through plea bargaining. Or if the case goes to trial, they can argue against the charge and show why it doesn’t fit the circumstances.
Having a lawyer in your corner makes a huge difference. Don’t take chances with your freedom and your future without good legal advice.
The Takeaway
The biggest lesson here is to avoid any situation involving weapons and crime. We all do dumb stuff, but armed violence can really escalate things to another level. Carrying weapons while committing crimes is asking for trouble.
If you ever find yourself in a mess involving weapons, get a lawyer immediately. Don’t talk to police without legal representation. A decent lawyer may be able to help minimize the damage.
I hope this overview gives you a better understanding of armed violence laws in Illinois. I learned the hard way how serious these charges can be. Don’t follow in my footsteps, but if you do, protect yourself and get a good lawyer. Stay safe out there.