Gun Battery in Chicago

jeremiah-higgins-792687-unsplash-copy-300x225A man who was shot during a fight on the red line has been charged with aggravated battery.

Chicago police said that while fighting, one man shot the other in the stomach. The victim, 38-year-old Roy Lee, was able to wrestle the gun away and beat the shooter with it. Both were taken to the hospital.

In a bizarre turn of events, Lee was charged with aggravated battery/use of a deadly weapon. The man who shot Lee had a license to carry a concealed firearm. At this point, it is unclear if the shooter will face charges, as well.

A criminal defense lawyer in Chicago can help you with your case if you are facing battery or weapon charges.

Charges of Assault with a Firearm

Due to the high level of risk and threat to the other party, assault with a firearm is regarded as one of the uppermost levels of assault. As the name says, assault with a firearm entails threatening or assaulting someone with a gun. A particular category of assault, it is occasionally classified as a sub-category of greater assaults like aggravated assault with a deadly weapon. The involvement of a gun is what allows assault with a firearm to be considered an aggravated charge.

Few people realize that merely displaying a gun can bring about serious charges even if the gun is not fired. Let us say a person attempts to rob a convenience store. If he points the gun at the person behind the register, he could be charged with assault. The weapon was not discharged and the cashier did not suffer any physical injuries. For the cashier, the risk and potential of injury in this situation is very high, which is why the robber is given a greater charge.

Offenses that often carry an assault with a firearm charge are:

  • Robbery
  • Burglary
  • Sexual assault

How Mount a Defense Against an Assault with a Firearm Charge

There are several defenses available for defendants facing charges of assault with a firearm, but those defenses are dependent on the circumstances surrounding the case. An experienced criminal defense lawyer understands there are three defensive strategies in general.

The first is self-defense, also known as the castle doctrine, which refers to a set of laws that allows a person to use force against intruders in his or her home (their “castle”) without liability or legal prosecution.

The second strategy is to challenge whether the firearm in question was displayed at all. A defendant may not contest that he or she had a gun, but instead dispute that it was actually used during the course of an assault.

The third strategy is to establish that the instrument in the case was not a firearm. A defendant may admit that he or she assaulted the other party, but the weapon used was only an air pistol or a BB gun.

Fight Your Chicago Gun Charges with a Criminal Defense Lawyer David Freidberg

You do not have to show or fire a weapon to get into trouble with the law. If you are carrying a gun in the wrong situation, you may face charges. You could face illegal gun possession charges if:

  • The firearm on your person does not have the proper documentation (i.e. a permit)
  • The serial number on the firearm was altered, fake, or removed
  • The firearm is in possession of someone under 18 years of age
  • The firearm was illegally acquired by a convicted felon

Federal and Illinois laws can hand down steep penalties for those charged with firearms and weapons charges. A knowledgeable criminal defense attorney like David Freidberg will challenge the charges brought against you so you may plead to lesser jail time or possibly avoid conviction altogether.

Do not risk your freedom. Schedule a free consultation or call (312) 560-7100 to speak about your case.

(image courtesy of Jeremiah Higgins)