What Does UUW Mean?
UUW means Unlawful Use of a Weapon.
Three Elements to Unlawful Use of a Weapon:
There are three elements to establish the charge. The first element a person must has to “knowing” perform an act. “Knowingly” means that a person actual was aware of s fact. Additionally, “knowingly” includes if a person should have been aware of the fact based upon the circumstances.
The next element is that the individual must either manufacture, purchase possess or carries a weapon. The word “weapon” is not only limited to a gun. Here the statute includes, slung-shot, sand-club, metal knuckles, throwing star switchblade knife,, dagger, billy, broken bottle, stun gun. Furthermore, the statute also includes other types of weapons.
The last, the person must either carry or possess the weapon. However, “Carries” or “possess” is a broad term. It includes having the weapon on one’s person or in one’s vehicle.
Defenses to UUW Charges.
The prosecutor / state’s attorney has to establish all three elements of the offense. This means that they have to prove beyond a reasonable doubt all three elements. For example, in a typical with a gun case, the prosecutor has to prove that you knew you had a gun in the car. The element that is most difficult to prove is the “knowingly” element.
Example Stratagy on a Gun Case.
Additionally, even prior to getting to the question of guilty or not guilty, as an Attorney I file a motion to exclude the evidence. This means, if its a gun was I file a motion to not allow the gun as evidence at trial. The motion is titled, “Motion to Quash Arrest and Suppress Evidence.” By filing this motion I am able to present testimony before getting to a trial. Furthermore, I am able to test the witnesses stories and try to prove to the judge that the police officer searched the vehicle without proper consent. Therefore, the evidence obtained as part of the illegal search should be excluded.
Unlawful Use of a Weapon is Class 4 Felony. More information about a Class 4 Felony is located HERE.
You can read the Statute for Unlawful Use of a Weapon HERE.