Charged with Unlawful Possession of a Weapon (UPW) in Chicago? Andrew M. Weisberg Can Defend Your Rights

(Formerly Unlawful Use of a Weapon (UUW))

Unlawful Possession of a Weapon (UPW) is a serious criminal offense in Illinois, carrying harsh penalties, including prison time, fines, and a permanent criminal record. With gun laws in Cook County becoming more aggressively enforced, the new Cook County State’s Attorney has implemented stricter policies that make it far more difficult to avoid jail time if convicted.

If you have been charged with UPW in Chicago, it is critical to have a skilled defense attorney who understands the law, the prosecution’s tactics, and how to fight back. Andrew M. Weisberg is a former Cook County prosecutor with extensive experience defending gun cases, and he is ready to fight for you.

The New Cook County Policies on Gun Cases

In recent years, Cook County has been toughening its stance on weapons offenses, and under the new State’s Attorney’s administration, these cases are being prosecuted more aggressively than ever.

• Probation is no longer standard—many cases that once resulted in probation or alternative sentencing are now routinely met with demands for prison time.
• Gun charges are more likely to be upgraded to felonies, increasing potential penalties.
• Bond and pretrial release are more difficult to obtain, meaning many people accused of gun offenses remain in custody while their cases are pending.
• Fewer plea deals—prosecutors are now less willing to reduce charges, forcing more defendants to go to trial.

These policy changes mean that facing a weapons charge today is far more dangerous than it was even a few years ago. If convicted, you may face mandatory prison time, making it more important than ever to have an aggressive, experienced attorney on your side.

Understanding Unlawful Possession of a Weapon (UPW) in Illinois

Illinois has some of the strictest gun laws in the country, and 720 ILCS 5/24-1 outlines several ways a person can be charged with Unlawful Possession of a Weapon (UPW).

Some of the most common situations leading to a UPW charge include:

• Possession Without a FOID Card – In Illinois, all firearm owners must have a valid Firearm Owner’s Identification (FOID) card. If you possess a firearm without one, you can be charged with UPW.
• Carrying a Concealed Firearm Without a Permit – Illinois requires a concealed carry license (CCL) to legally carry a firearm. Carrying without a valid permit is a criminal offense.
• Possession in a Prohibited Location – Schools, public transportation, government buildings, and some public areas are gun-free zones. Having a weapon in these areas can escalate charges.
• Possession by a Felon – Convicted felons cannot possess firearms under any circumstances, making this a felony offense with severe penalties.
• Possession with Intent to Commit a Crime – If you are accused of possessing a weapon with the intent to use it unlawfully, your charges can be upgraded to a more serious offense.

Penalties for Unlawful Possession of a Weapon in Illinois

Under the new policies, prison time is now the standard punishment for UPW offenses. Depending on the details of your case, penalties may include:

• Class A Misdemeanor – Up to 1 year in jail and fines of up to $2,500 for possessing a firearm without a valid FOID card (first offense).
• Class 4 Felony – 1 to 3 years in prison for offenses such as carrying a loaded weapon in public without a concealed carry license.
• Class 2 Felony – 3 to 7 years in prison if the weapon is possessed by a convicted felon, in a school zone, or with intent to commit a crime.
• Class X Felony – 6 to 30 years in prison, typically applied for repeat offenders or cases with multiple aggravating factors.

Beyond these penalties, a conviction for UPW can result in:

• A permanent felony record, making it extremely difficult to find employment, secure housing, or obtain a professional license.
• A lifetime loss of gun rights, permanently barring you from legally owning firearms.
• Immigration consequences, including deportation for non-U.S. citizens.

How Andrew M. Weisberg Builds a Strong Defense for Gun Charges

Gun cases are often built on police searches, witness statements, and forensic evidence, and Andrew M. Weisberg will examine every aspect of your case to challenge the prosecution’s claims. Some of the defenses he may use include:

• Illegal Search and Seizure – If police did not have probable cause or conducted an unlawful search, the firearm may be inadmissible in court.
• Lack of Possession – If the gun was not in your control (e.g., it was found in a shared vehicle or home), proving lack of possession could lead to a dismissal.
• Mistaken Identity – If you were wrongfully accused, proving that you were not in possession of the weapon could help clear your name.
• Violation of Your Rights – If you were coerced into a confession or law enforcement failed to follow proper procedures, the case could be weakened.

Why Choose Andrew M. Weisberg to Defend Your UPW Case?

Andrew M. Weisberg is a former Cook County prosecutor who now defends individuals facing serious criminal charges, including weapons offenses. His deep knowledge of Illinois gun laws and insider understanding of how prosecutors build their cases give his clients a significant advantage.

• Decades of experience in criminal defense with a strong track record of case dismissals and reduced charges.
• Relentless, strategic defense tactics tailored to the specific details of your case.
• Personalized attention—your case will never be handed off to an associate.
• 24/7 availability, because criminal charges don’t wait.

Call Andrew M. Weisberg Today for a Free Consultation

With Cook County’s stricter policies making it harder to avoid jail time for weapons charges, you must act quickly to protect yourself. The sooner you hire an experienced defense attorney, the better your chances of achieving a favorable outcome.

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 start building your defense.