Are Penalties Harsher for Drug Charges Involving a Gun?

 Posted on May 08, 2025 in Drug Crimes

Various types of drug charges are among the most common criminal offenses in Illinois. Depending on various factors, the consequences of a drug conviction can be severe. Allegedly having a gun or another weapon in conjunction with drug offenses can make the penalties even worse, especially when the charges are federal.

If you are charged with a drug crime with a weapon enhancement, you cannot afford to choose the wrong attorney if you hope for a favorable outcome. Our experienced Joilet, IL criminal defense attorney previously served as a prosecutor and judge, so he knows better than most how the legal system works. That means he can mount an effective defense on your behalf.

What Kinds of Drug Charges Could You Face in Illinois?

Three main categories of Illinois drug charges carry misdemeanor or felony charges. Drug possession charges do not involve intent to sell, but could be a felony depending on the type and amount of drugs.

An arrest made with factors such as lots of cash on hand, drug quantities, scales, and packaging could result in a drug distribution charge. You could face drug manufacturing charges for cultivating or producing illegal drugs with the intent to distribute.

Potential penalties for a drug charge conviction include heavy fines, probation, and imprisonment. If a weapon is found in a drug crime suspect’s possession, the penalties could be even harsher.

Why Are Drug Charge Penalties Worse With a Firearm?

Even if a gun is not used during a drug transaction, its presence may indicate a threat of violence. Simply having drugs and a gun at the same time, whether or not a sale takes place, could result in a weapon-related drug charge. This is true even for legally owned guns. Some guns, such as assault rifles or machine guns, can bring even stiffer penalties.

Brandishing or firing a weapon in furtherance of a drug crime has mandatory minimum penalties. Sentencing for the drug and gun charges is often consecutive rather than concurrent. That means you would serve the second sentence after the first one ends, which could significantly extend prison time.

How Can a Lawyer Help With Drug and Firearm Charges?

From the moment you become our client, we start protecting your rights and interests. We will investigate the charges against you, looking for various facts we can use in your defense strategy. We may:

• Argue that neither the drugs nor the weapon was yours
• Show that you had no intent to sell or distribute drugs
• Demonstrate that the drugs were for medical purposes
• Challenge the search and seizure, and other procedures
• Prove that you were coerced or entrapped
• Show that the gun was not nearby, so it was unconnected to the drugs
• Argue that you did not know about the gun or drugs being present

We may negotiate with the prosecutor for reduced charges. Our goal is to achieve the most favorable outcome for your case. You can count on our exceptional advocacy at every step.

Call Our Skilled Morris, IL Drug Charges Lawyer

When the stakes are high, you need our dedicated Will County, IL criminal defense attorney on your side. To request your free consultation, contact Carlson Law Group, P.C. at 815-710-3700 or online now.