A “predicate”crime is one which another crime rests upon. For example, the crime of “armed violence” in Illinois cannot be charged alone. It must be predicated upon another crime. Let’s say that a drug dealer sells drugs to someone while armed with a firearm. The gun need not be shown or used. The mere fact that the drug dealer possessed the gun while committing a felony is enough to charge him with armed violence along with distribution of illegal drugs. Merely possessing a gun without another crime being committed does not invoke the use of the armed violence statute. We defense lawyers used to joke that police officers could be charged with armed violence if they are caught in a lie while testifying under oath and armed with their service firearm. Predicate offense, perjury. Enhanced offense, armed violence.
Another example is the use of a gun in an assault case. An assault is putting one in fear of receiving a battery. No actual harm must be done, just the fear caused by a physical act. Pointing a gun at someone is the physical act of creating the fear. The person is afraid he’ll be shot. The gun enhanced a misdemeanor to a felony. The “predicate” offence was assault.
Also, a crime cannot be double enhanced. In other words, an armed robbery charge cannot be enhanced with armed violence. The crime of robbery was already enhanced to armed robbery by the use of a gun. To add armed violence would double enhance the crime for a single act.
