Monday, November 19, 2018

CAN YOU BE CHARGED WITH ARMED VIOLENCE IF YOU THREW THE GUN AWAY BEFORE YOUR ARREST?

Perhaps you were dealing drugs or some other offense. The police arrived, so you started to run. Worried about your gun, you threw it in the dumpster. The police caught up with you, and now you are under arrest.

Can you be charged with armed violence? The answer is yes.

Under Illinois law, you commit armed violence if you commit certain felonies, including possession of drugs with intent to deliver, while armed with a dangerous weapon. The law does not require that you be armed at the time of arrest, just that you had the weapon while you committed the crime.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. As with most criminal offenses, the state must prove each element of the crime beyond a reasonable doubt. Can the state prove you were armed during the offense itself? Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source: People v Curry.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

No comments: