Being an armed habitual criminal in Illinois is actually a crime. The essence of this charge is unlawful possession of a firearm by someone who has a pretty serious and extensive criminal history.
720 ILCS 5/24-1.7. Armed habitual criminal.
Armed Habitual Criminal Is A Class X Felony.
“Being an armed habitual criminal is a Class X felony.” – 720 ILCS 5/24-1.7(b).
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In Illinois a…
“‘Forcible felony’ means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.”
Hierarchy Of Gun Possession Crimes In Illinois
You can see, an armed habitual criminal charge requires that a person have 2 serious felonies in their criminal history. In fact, armed habitual criminal is the most serious of the gun possession crimes in Illinois.
The chart below depicts where
|UUW||720 ILCS 5/24-1(b)||Class A Misdemeanor|
|AUUW||720 ILCS 5/24.1.6(d)(1)||Class 4 Felony|
|UUW Felon||720 ILCS 5/24.1.1(e)||Class 3 Felony|
|Possession Firearm Gangmember||720 ILCS 5/24-1.8(b)||Class 2 Felony|
|Being Armed Habitual Criminal||720 ILCS 5/24-1.7(a)||Class X Felony|
- People v. Brown, 2017 IL App (1st) 150146 (May). Episode 377 (Duration 8:07) (attempt armed robbery is a forcible felony that can serve as a predicate offense for armed habitual criminal)
- People v. Sanderson, 2016 IL App (1st) 141381 (April). Episode 180 (Duration 6:40) (Some Attempts of Forcible Felonies Are Not Forcible Felonies)
- People v. White, 2015 IL App (1st) 131111 (December). Episode 126 (Duration 3:01) (Aggravated Battery is Not Necessarily a Forcible Felony)
- People v. Fernandez, 2014 IL App (1st) 120508 (July) (3 Class X Felonies is a life sentence.)