Chicago Armed Violence Defense Attorney

What Is Armed Violence in Illinois?

Under 720 ILCS 5/33A-2, a person commits armed violence when they commit a felony while armed with a dangerous weapon. This statute applies to most felonies under Illinois law except for specific offenses such as murder, involuntary manslaughter, or crimes where the use of a weapon is already an element or enhancement.

If you are facing armed violence charges in Chicago, contact an experienced attorney today for a free consultation by calling 708-833-3505.

Key Elements of Armed Violence

There are three main categories of armed violence under Illinois law:

General Armed Violence – Committing any felony (excluding listed exceptions) while armed with a dangerous weapon.
Discharging a Firearm – Personally discharging a Category I or II firearm while committing a felony.
Causing Injury or Death – Discharging a firearm in a way that causes great bodily harm, permanent disability, disfigurement, or death during the commission of a felony.

What Is a Dangerous Weapon?

A Category I weapon typically includes:

Handguns,
Sawn-off shotguns or rifles
Firearms with silencers

A Category II weapon may include:

Regular rifles and shotguns
Certain knives or bludgeons

Serious Penalties for Armed Violence

Armed violence is prosecuted aggressively in Cook County and throughout Illinois. Penalties often include:

Mandatory minimum prison sentences
Class X felony charges, depending on the weapon and harm caused
No probation or conditional discharge in many cases
Extended sentencing ranges for firearm discharge or injury

These charges are particularly harsh because they combine the severity of a felony offense with the heightened danger of a weapon.

Possible Defenses to Armed Violence Charges

At the Law Office of Phil Haddad, we aggressively explore all defense strategies, including:

Challenging the legality of the weapon possession
Disputing the underlying felony charge
Lack of knowledge or intent
Suppression of illegally obtained evidence
Fourth Amendment violations
Lack of proximate cause for injury or harm

Every case is different, and our firm treats it that way. We build personalized, strategic defenses designed to reduce or dismiss the charges you face.

Why Choose Phil Haddad as Your Chicago Armed Violence Lawyer?

Proven experience defending felony weapon charges
Deep knowledge of Illinois criminal statutes, including 720 ILCS 5/33A-2
Aggressive courtroom advocacy
Available 24/7 to discuss your case
Track record of dismissals, charge reductions, and trial victories

Understanding Armed Violence Under Illinois Law (720 ILCS 5/33A-2)

Armed violence in Illinois is governed by Section 33A-2 of the Illinois Criminal Code (720 ILCS 5/33A-2). The law defines armed violence as committing a felony while armed with a dangerous weapon, under specific circumstances.

Elements of Armed Violence

Under Illinois law, a person commits armed violence if:

(a) Committing a Felony While Armed with a Dangerous Weapon:
- A person must commit any felony (except certain excluded crimes) while armed with a dangerous weapon.
- Excluded felonies include first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child, home invasion, or any felony where the possession or use of a weapon is already an element or aggravating factor.
(b) Personally Discharging a Firearm During the Felony:
- If a person personally discharges a firearm classified as a Category I or Category II weapon while committing a felony (excluding the felonies listed above), it constitutes armed violence.
(c) Causing Great Bodily Harm or Death by Discharging a Firearm:
- If a person personally discharges a Category I or Category II firearm and causes great bodily harm, permanent disability, permanent disfigurement, or death during the commission of a felony (again, excluding certain offenses), it escalates the charge.

Important Definitions:

Dangerous Weapon: Includes firearms, knives, or any other object capable of causing death or serious bodily injury.
Category I and II Weapons: Generally refer to specific classes of firearms that are more heavily regulated due to their lethality.

Penalties for Armed Violence in Illinois

Armed violence is classified as a Class X felony in Illinois — one of the most serious charges under state law. Convictions can result in:

Mandatory minimum prison sentences.
No eligibility for probation.
Extended prison terms if a firearm is discharged or if serious bodily harm occurs.

Sentencing enhancements apply if great bodily harm, permanent disability, or death results from the use of a firearm during the offense.

Defenses to Armed Violence Charges

Facing an armed violence charge does not mean you are automatically guilty. Some possible defenses include:

Lack of Knowledge: You did not know you were committing a felony.
No Dangerous Weapon: You were not armed with a qualifying dangerous weapon.
Violation of Constitutional Rights: Illegal search and seizure by police may invalidate evidence.
Mistaken Identity: You were not the person who committed the crime.

An experienced Chicago criminal defense lawyer can review the facts of your case to identify weaknesses in the prosecution’s case and fight for a dismissal or reduction of charges.

Why Choose Our Chicago Criminal Defense Firm?

Decades of experience handling serious felony cases.
Aggressive and strategic defense tailored to each client’s needs.
Strong courtroom advocacy and negotiation skills.
Personalized attention to your case from start to finish.

Call Our Experienced Chicago Armed Violence Defense Lawyer Today

If you are facing armed violence charges in Chicago or the surrounding areas, don’t wait. Your future and freedom are at stake. Contact our Chicago criminal defense attorneys today for a free, confidential consultation. Let us fight to protect your rights and build the strongest defense possible.

Take the First Step Toward Your Defense — Call Our Office Today!

Our Chicago criminal defense team is available 24/7 to discuss your case and answer your questions. Don’t face an armed violence charge alone. Call us now at 708-833-3505 to schedule your free consultation and let us start building your defense immediately.