February 18, 2022

Factors That Can Affect a Felony Gun Charge Sentence

Though the Second Amendment gives you the right to carry a gun, it does come with some limitations. For example, if you have committed a felony, the court might decide to bar you from using, transporting, or distributing firearms.

A felony gun charge is a serious charge that can attract a penalty of 2-30+ years in jail if convicted. If you have a felony gun charge, give a Chicago criminal defense attorney a call immediately. First, we will try to get a favorable bail term to defend you while out of jail.

Consequences of Weapon Possession

The average sentence for unlawful possession is between 2-10 years in prison, assuming you are charged with a Class 3 felony. If you are a repeat offender, your sentence might be increased by 3-14 years because it could be classified as a class 2 felony.

Other scenarios that might attract a class 2 felony charge are:

  • Use of deadly force
  • Aggravated  battery
  • Sexual assault
  • Stalking

Types of Federal Gun Charges

There are several gun charges that you can face. The first is Felon in Possession which has a ten-year sentence. Illegal weapons to avoid include machine guns, Bombs, and switchblades.

Another gang-related felony is firearms trafficking. Firearm trafficking is a federal offense that attracts heavy penalties. You can also be charged for a violent crime if the police find a weapon at the crime scene.

Lastly, you can also be charged for fraud if you forged documents to obtain the gun. This crime will fall under federal fraud charges.

Factors Affecting a Gun Charge Sentence

Several factors will determine the severity of your gun-related case. These factors can either be used in your favor or disadvantage. These are:

Injury of the Victim

If you are charged with a violent crime,  the court will consider the victim’s injuries to make a ruling. For example, if the injuries are considered severe, the court will automatically give you a harsh sentence.

Nature of the Accused

The judge will consider whether or not you are a first-time offender. If you are a first-time offender, the judge will evaluate the circumstances under which you committed the crime and then come up with a reasonable sentence.

If you are not a first-time offender, the judge might give you a harsher penalty when compared to a first-time offender.

Your Attitude

If it was a violent crime that resulted in the loss of limbs, for example, the judge will consider whether or not you feel remorseful for your actions. If you can convince the judge that you are repentant, you can get a less severe sentence.

Multiple Crimes

Another factor that can affect your gun case is whether or not you have committed other crimes. For example, if you have committed violent robbery and used a deadly weapon, you will most likely get a severe sentence.

Get in Touch with an Experienced Gun Charge Attorney

The Chicago Trusted Attorneys® office was created to defend your rights and ensure you get the best possible outcome for your case. If you are facing a gun-related felony charge, do not hesitate to give us a call on 312-519-3171 or send us a message through the submission box on the website.