Get Chicago Defense Attorney Andrew M. Weisberg on Your Side for Aggravated Unlawful Possession of a Weapon Charges

(Formerly Aggravated Unlawful Use of A Weapon – AUUW)

Being charged with Aggravated Unlawful Possession of a Weapon (AUPW) in Illinois is a serious offense that carries severe penalties, including substantial prison time, hefty fines, and a permanent felony record. In recent years, gun laws in Cook County and throughout Illinois have become stricter, and under the new Cook County State’s Attorney, prosecutors are taking an even tougher stance on weapons offenses.

If you or a loved one is facing aggravated weapons charges, you cannot afford to face the prosecution alone. Chicago criminal defense attorney Andrew M. Weisberg is a former Cook County prosecutor who knows exactly how the prosecution will build their case—and more importantly, how to fight back.

Tougher Gun Laws & Harsher Prosecution Under New Cook County Policies

Under the previous administration, prosecutors often offered probation or deferred prosecution for first-time gun offenders, especially when no violent crime was involved.

However, the new Cook County State’s Attorney’s policies have changed the way weapons offenses are prosecuted:

• Probation is no longer routinely offered—prison time is now the default penalty.
• Stronger opposition to bond—more defendants are held in custody while awaiting trial.
• More aggressive felony upgrades—cases that previously stayed as misdemeanors or Class 4 felonies are now being upgraded to Class 2 or even Class X felonies.
• Limited plea deals—prosecutors are being discouraged from offering reduced charges, making it critical to have an experienced attorney fight for you.

If you are facing Aggravated Unlawful Possession of a Weapon, the risk of prison time is now higher than ever. You need an experienced criminal defense lawyer who knows how to challenge the prosecution’s case and protect your future.

Understanding Aggravated Unlawful Possession of a Weapon in Illinois

Under 720 ILCS 5/24-1.6, AUPW is an enhanced weapons offense that applies when there are aggravating factors beyond simple Unlawful Possession of a Weapon (UPW).

Common aggravating factors that can elevate a weapons charge to AUPW include:

• Carrying a loaded firearm in public, particularly in Chicago or other densely populated areas.
• Possession of a firearm without a valid FOID card, even if you have a concealed carry permit.
• Possession of a firearm by a felon—prior felony convictions make weapons possession a more serious offense.
• Carrying a firearm in a school zone, on public transportation, or government property.
• Possession of a firearm while under the age of 21, which is strictly regulated in Illinois.

Penalties for Aggravated Unlawful Possession of a Weapon in Illinois

The penalties for AUPW are harsh, and under the new prosecution policies, sentences are becoming even tougher:

• Class 4 Felony – 1 to 3 years in prison, fines up to $25,000.
• Class 2 Felony – 3 to 7 years in prison if aggravating factors apply (e.g., possession in a school zone or by a felon).
• Class X Felony – 6 to 30 years in prison for repeat offenses or multiple aggravating factors. Probation is not an option.

Beyond prison time, an AUPW conviction can result in:

• A permanent felony record, which can make it nearly impossible to secure a job, housing, or a professional license.
• The loss of gun rights, permanently barring you from legally owning or possessing firearms.
• Immigration consequences, including deportation for non-U.S. citizens.

With Cook County prosecutors aggressively pushing for prison sentences, having the right defense attorney could mean the difference between freedom and years behind bars.

Strategic Defense Against Aggravated Unlawful Possession of a Weapon Charges

Every case is different, and Andrew M. Weisberg will craft a customized defense strategy based on the details of your case. Some common defenses include:

• Illegal Search and Seizure – If police stopped and searched you without probable cause, the evidence against you may be thrown out.
• Lack of Possession – If the firearm was not actually in your control (e.g., it was in a car you were in but didn’t own), it may not meet the legal standard for possession.
• Mistaken Identity – If you were wrongfully accused or misidentified, proving this could result in a dismissal.
• Violation of Your Rights – If the police coerced a confession or failed to read your rights, it could weaken the prosecution’s case.

Why Choose Andrew M. Weisberg to Defend Your Gun Charges?

If you’re facing AUPW charges in Chicago, you need an aggressive defense lawyer who knows how Cook County prosecutors think and what strategies they use. Andrew M. Weisberg brings:

• Decades of experience as both a prosecutor and defense attorney, giving him insider knowledge on how to fight gun charges.
• A strong track record of getting weapons charges reduced or dismissed through strategic defenses and negotiation.
• Personalized, one-on-one legal representation—your case won’t be handed off to an associate.
• A relentless commitment to securing the best possible outcome for every client.

Call Andrew M. Weisberg Today for a Free Consultation

With stricter policies and tougher penalties for gun charges in Cook County, you cannot afford to wait. You need a skilled criminal defense attorney who will fight aggressively to protect your rights and your freedom.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation, or fill out the Case Review form on our website. Andrew is available 24/7 to discuss your case and begin building your defense immediately.