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Click on the criminal defense case victory links below to learn how we won each case.

Recently Won Cases

(Actual Dates and Cases)

February 2023

Class X Predatory Sexual Assault of a Child – CASE DISMISSED Solicitation of Unlawful Business – CASE DISMISSED

January 2023

Class 4 Felony Possession of a Controlled Substance – CASE DISMISSED Battery – CASE DISMISSED Unlawful use of a Weapon in an airport – CASE DISMISSED

December 2022

Battery – CASE DISMISSED

November 2022

Unlawful use of a Weapon in an airport – CASE DISMISSED Reckless Conduct – CASE DISMISSED Possession of Ammunition – CASE DISMISSED

September 2022

Unlawful Use of a Weapon – CASE DISMISSED Trespass – CASE DISMISSED

August 2022:

Class 3 Felony Retail Theft Charges – CASE DISMISSED

June 2022:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Criminal Damage to Property –

Class A Misdemeanor – CASE DISMISSED

Class 4 Felony Unlawful Use of Weapon – NOT GUILTY

Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED

Domestic Battery – CASE DISMISSED Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

May 2022

First Degree Murder – CASE DISMISSED Class 4 Felony Aggravated Unlawful Use of a Weapon – CASE DISMISSED

Assault – CASE DISMISSED

Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED

Violation of Concealed Carry Permit – CASE DISMISSED

First Degree Murder – REDUCED TO ARMED ROBBERY

April 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR

Unlawful Use of Weapon – CASE DISMISSED

March 2022

Aggravated Assault – CASE DISMISSED

February 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR

Domestic Battery – CASE DISMISSED

Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed

Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty

Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty

Possession of Controlled Substance- Class 4 Felony – Dismissed

Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED

Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

Retail Theft- Class A Misdemeanor – CASE DISMISSED Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED

Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION

Theft – Class 4 Felony – CASE DISMISSED

Theft By Deception – Class 3 Felony – CASE DISMISSED

Identity Theft – Class 3 Felony – CASE DISMISSED

Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED

No Stalking Petition – VACATED

Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE

Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED

Applied for Clemency on Cannabis charges – CLEMENCY GRANTED

Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

CHICAGO STYLE FIREARMS

February 19, 2019 / Robert J Callahan / Blog, Uncategorized

CHICAGO STYLE FIREARMS Illegal guns are all over Chicago. In 2018 alone, the Chicago Police seized over 9,500 illegal firearms. That was the largest amount seized in 5 years and a 9% increase from the previous year. Despite this, police in Chicago seize more illegal guns annually than in New York City and Los Angeles combined. Arrests for Aggravated Unlawful Use of a Weapon and other firearm offenses are a top priority for the Chicago Police Department (“CPD”) and the Cook County State’s Attorney’s Office.

But what type of guns are we talking about? What is the most common firearm recovered in Chicago? Are some types of guns being seized more than others? By looking at CPD seizure records, Alcohol, Tobacco & Firearms Agency (ATF) “Trace Reports,” and recent academic studies, a general profile emerges.

Type: Semi-Automatic Handgun
Calibur: 9MM
Manufacturer: Smith & Wesson
Average Age of Possessor: 32
Where Found in City: (6th-Gresham);(7th-Englewood);(9th-Deering);(11th-Harrison)
Origin: Indiana, Wisconsin, Mississippi

TYPE
Semi-automatic Handguns are the preferred type of firearm on the streets of Chicago. The majority of the 9,500 firearms seized by the Chicago Police in 2018 were semi-automatic handguns. That’s not particularly surprising, considering semi-automatic handguns are the most popular firearm in America. Besides semi-automatic handguns, CPD seized almost 200 illegal assault rifles last year. Not to mention that in 2017, law enforcement statewide recovered 13 automatic machine guns, 7 less than year before.

CALIBUR
9MM semi-automatic handguns are by far most popular type of illegal firearm in Chicago. .40 & .45 calibers take the number two and three spot, respectively. It hasn’t always been like this. In the 1980s, the .38 caliber revolver reigned as the top illegal firearm seized in Chicago. At the time, revolvers were more reliable & less expensive than the semi-automatic handguns of the day.

MANUFACTURER
Like 9MM in caliber, Smith & Wesson firearms hold a dominant spot at the top of the list of manufacturers whose guns are taken off the streets of Chicago and Illinois. For example, in 2014, the CPD confiscated 30 different types of Smith & Wesson manufactured guns. That being said, Smith & Wesson is the largest gun manufacturer in the United States.

AGE
Most illegal guns are old. A 2015 study by Duke University and the University of Chicago found that illegal firearms were on average 11 years old. For guns connected to gangs, the average was slightly older, at 12.6 years old. As far as the person holding these guns, the average age of a person possessing an illegal gun in Illinois is 32. That’s three years younger than the national average of 35 years old.

WHERE FOUND?
Chicago, unsurprisingly, is where the most illegal guns are found in Illinois, followed by Rockford, Peoria, and East St. Louis, where the amount of seized guns ranges in the 300+ as compared to 7,000+ in Chicago. In Chicago, four police districts stand out as having the most illegal firearm seizures in the city. They are: (6th-Gresham); (7th-Englewood)(9th-Deering) on the southside and (11th-Harrison) on the westside.

Outside of illegal gun seizures, the CPD recorded 2,355 shooting incidents in 2018. This is down from 2,750 in 2017. Seven of the 22 police districts accounted for over half of these types of incidents. The 11th district, Harrison, had the most shooting incidents with 340 last year. Calumet, Greshma, Austin, Englewood, and Ogden follow with around 170+ such incidents.

ORIGIN
Most of the illegal guns in Illinois aren’t even from here. Almost 60% of the illegal guns recovered come from out of state, with 20% of those guns coming from Indiana. In fact, from 2010-2014, an average of over 1,000 guns a year came from Indiana. Outside of the Hoosier state, Wisconsin and Mississippi supply the most illegal guns to Illinois.

TYPES OF GUN OFFENSES IN ILLINOIS
4,200 people were arrested on gun related charges in Chicago last year. Aggravated Unlawful Use of a Weapon is probably the most common illegal gun offense charged by the Cook County State’s Attorney’s Office. Typically, but not always, this offense occurs when a person is in possession of a firearm without a Firearm Owners Identification (FOID) card. This is a class 4 felony without a possibility of probation, meaning if convicted you go to prison for 1-3 years. Possessing a gun with a defaced serial number bumps it to a cl. 3 felony, at 2-5 years in prison. If you have a previous felony and are caught with a gun, the amount of prison time jumps to 3-7 years at a cl. 2 felony.

What if you decide to put a silencer on the illegal gun? You’re looking at a cl. 3 felony, 2-5 years, the same penalty for having a saw-off shotgun (less than 18 inches), as well. If you have a machine gun on you, that’s a cl. X felony, at 6-30 years.

So-called “strawman” purchases are also an issue in Illinois. For example, on study found that 15% of illegal guns confiscated from a man where first purchased by a woman. This suggests and illegal transfer where one individual buys a gun for the purpose of giving or selling it to someone who can’t legally buy or possess a gun. Doing so carries harsh punishments in Illinois that depend on the amount of guns one illegally buys in a certain time period. One gun is a cl.2 felony, while 2-5 guns at the same time/within a year is a cl.1 felony, kicking up to a cl. X for 6+ guns within 2 years, with mandatory prison sentence of 9-40 years.

It is impossible to really know what a typical illegal gun in Chicago really looks like. What you can be 100% sure about, however, is that if you are charged with Aggravated Unlawful Use of a Weapon, or any illegal firearm offense in Chicago or Illinois, you need an attorney. At Robert Callahan & Associates, we know how to defend our clients against all of the various types of gun charges in Illinois. If you are looking for an aggressive firm to defend your rights against gun charges in Chicago, call us today at 312-322-9000.

Gun Charges, Gun Felony in Illinois, gun laws in Chicago