How Possession of a Weapon During a Drug Crime Increases Penalties

Being charged with a drug crime is serious, but when a weapon is involved, the penalties become even more severe. In many cases, prosecutors argue that possessing a firearm or other weapon during a drug-related offense suggests an increased risk of violence. This can lead to enhanced charges, longer prison sentences, and higher fines. Even if the weapon was not used or brandished, simply having it in your possession at the time of the arrest can escalate the legal consequences.

If you're facing drug charges with a weapons enhancement, it's crucial to have a strong defense strategy. A knowledgeable attorney can assess the details of your case, challenge the prosecution’s arguments, and fight for a fair outcome. Contact Ktenas Law at (312) 756-8652 to schedule a free consultation with a Chicago gun crime defense lawyer today to discuss your options and protect your future.

What Constitutes Possession of a Weapon During a Drug Crime?

Possession of a weapon during a drug crime involves having a firearm or another dangerous weapon in connection with illegal drug activities. This could include:

• Having a Weapon While Selling or Distributing Drugs: Carrying a firearm while engaging in the sale, distribution, or manufacture of controlled substances.
• Possessing a Weapon With Intent to Distribute Drugs: Even if no transaction occurs, having a firearm while possessing drugs with intent to distribute qualifies as a weapon-related drug crime.
• Using or Carrying a Firearm During a Drug Offense: If a weapon is used or carried while committing a drug crime, the penalties can escalate significantly.

Additionally, the law takes into account the type of weapon involved. For instance, possession of deadly weapons like machine guns during a drug crime can result in even harsher penalties due to their destructive potential. The mere presence of a firearm, even if not brandished, can lead to a felony punishable by years in prison and substantial fines.

What if I Legally Own the Firearm? 

Legal ownership does not exempt you from charges if the weapon is found during a drug-related offense. Even a legally owned firearm carried in public or found at the scene of a drug crime can lead to serious criminal charges. Prosecutors may argue that the weapon was intended to aid in committing the crime. In such cases, an experienced Chicago drug lawyer can provide critical guidance to address these allegations.

Penalties for Possession of a Weapon During a Drug Crime

The penalties for possession of a weapon during a drug crime in Chicago are severe and can lead to life-altering consequences. These include:

1. Felony Charges: This offense is often classified as a Class X felony or a Class 1 felony, depending on the circumstances. Class X felonies are among the most serious in Illinois, carrying lengthy prison sentences. A felony punishable by such terms can also result in a permanent criminal record, affecting future opportunities.
2. Mandatory Minimum Sentences: A conviction often results in mandatory prison sentences, meaning judges have limited discretion to reduce penalties. Probation is typically not an option, and offenders may face several days in jail, escalating to years depending on the severity of the case. Having an experienced attorney can help mitigate these potential penalties.
3. Enhanced Sentencing: If a firearm is discharged or used during a drug crime, additional years may be added to the sentence. For example, firing a weapon during a crime can add 15 years or more to a sentence. In cases involving deadly weapons such as machine guns, the penalties are even more severe.
4. Federal Charges: Cases involving large quantities of drugs or those that cross state lines may fall under federal jurisdiction. Federal firearm and drug laws impose harsher penalties, including longer prison terms and higher fines. Federal cases often involve investigations by multiple law enforcement officers, making the charges more complex and difficult to defend. Convictions at the federal level carry additional consequences beyond those imposed at the state level.

These penalties highlight the seriousness of combining firearms with drug crimes. A conviction for possession of a firearm in public during a drug crime can impact every aspect of your life, including your freedom, employment opportunities, and reputation. Seeking a confidential consultation with a skilled criminal defense lawyer can help you better understand your options and potential defenses.

Defenses Against the Charges

If you are charged with possession of a weapon during a drug crime, there are potential defenses that a skilled attorney can explore. These include:

• Lack of Knowledge: A defense attorney can argue that you were unaware of the weapon’s presence, especially if the firearm was found in a shared or public area. For example, if a firearm was discovered in a vehicle with multiple occupants, it may be difficult for prosecutors to prove who owned or controlled it.
• Illegal Search and Seizure: Challenging whether law enforcement officers conducted a lawful search under the Fourth Amendment can lead to evidence being suppressed. If the weapon was found during an illegal search, the charges could be dismissed. Police misconduct or failure to follow proper procedures can weaken the prosecution’s case.
• No Connection to the Drug Crime: Your attorney may argue that the firearm was not connected to the alleged drug offense. For example, if the firearm was stored separately or was not accessible during the commission of the drug crime, this defense may be viable. This is particularly important for individuals with no prior criminal history or other misdemeanor charges.
• Unlawful Possession Charges: If you legally owned the firearm, your lawyer might assert that it was not used in furtherance of the drug crime. This defense could help reduce charges or beat a weapons case, especially if no evidence connects the weapon to the offense. Legal possession is a significant factor in challenging allegations of intent.

Building a strong defense strategy requires a thorough review of the evidence and the actions of police officers during the arrest. A defense attorney will carefully evaluate all aspects of the case to protect your rights and seek the best possible outcome.

Facing Weapon and Drug Charges? Know Your Legal Options

Facing charges for possession of a weapon during a drug crime in Chicago is a serious legal matter that requires immediate attention. The penalties are severe, including mandatory prison sentences, and a conviction can have long-term consequences on your life. 

If you or a loved one is dealing with these charges, contact Ktenas Law today. Our experienced criminal defense lawyers in Chicago are ready to protect your rights and fight for the best possible outcome. Don’t face these challenges alone, let us guide you through the legal process with the dedication and skill you deserve.