Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
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Recent Criminal Case Victories

Robert J. Callahan

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Call (312) 322-9000 and Start Fighting for Your Rights.

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

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GUN POSSESSION IN ILLINOIS

May 4, 2022 / Robert J Callahan / Blog, Guns Laws and UUW, News & Stuff, Uncategorized
0
gun possession Illinois

GUN POSSESSION IN ILLINOIS: WHO CAN HAVE THEM, WHO CAN’T, & WHAT HAPPENS IF YOU DO (Illegally)

Illinois is perhaps the most restrictive state in the country when it comes to gun rights and illegal firearm possession. Unlike some states, you cannot buy or carry a firearm in public without obtaining specific licenses issued by the Illinois State Police. What’s more, those caught illegally carrying a firearm face severe punishments and mandatory minimum sentencing. As outlined below, only certain individuals in Illinois are allowed to own and carry a gun. Further, for those charged with illegally possessing a firearm, the name, nature, and specifics of criminal gun possession in Illinois can be confusing. So who can and can’t legally own and/or carry a firearm in Illinois? Below is an outline of requirements and restrictions to obtaining a FOID card under 430 ILCS 65, as well as an overview of the types of offenses one can be charged with if arrested for illegally possessing a gun in Illinois.

Who Can’t Have Guns In Illinois?

  • Persons without a FOID card**;
  • Convicted felons; 720 ILCS 5/24-1.1;
  • Persons convicted of domestic battery; 430 ILCS 65/4(2)(vii);
  • Persons convicted w/in the last 5 years of: ○ Battery ○ Assault ○ Aggravated Assault ○ Violation of Order of Protection; 430 ILCS 65/4(2)(viii);
  • Persons are currently subject to an order of protection. 430 ILCS 65/4(2)(vii).
  • Persons under 18 with no misdemeanor convictions or juvenile adjudications; 720 ILCS 5/24-3.1(a)(1);
  • Non-residents who are not licensed to possess a firearm in their home state; 430 ILCS 65/2(a)(2)(10);
  • A “narcotics” addict; 720 ILCS 5/24-3.1(a)(3);
  • A person who has been a patient in a mental hospital within the last 5 years; 720 ILCS 5/24-3.1(a)(4);
  • A person with a mental disability; 720 ILCS 5/24-3.1(a)(5);
  • A person with an “explosive bullet”; 720 ILCS 5/24-3.1(a)(6);
  • A person is likely to act in a manner dangerous to public safety due to the circumstances of their conviction, their criminal history, and their reputation. 430 ILCS 65/10(c)(2);
  • A person who the court finds granting a FOID card is contrary to the public interest; 430 ILCS 65/10(c)(3);
  • A person who the court finds granting a FOID card is contrary to federal law; 430 ILCS 65/10(c)(4).
If you fall into one of the many above categories, you will not be able to get a FOID card. For Illinois residents, no FOID means no guns. Period. Any one of the above situations will cause the Illinois State Police to deny your application for a FOID card.

What You’re Facing If Arrested With A Gun:

In Illinois, illegal gun possession is called unlawful use of a weapon and the category of offense can range from a class A misdemeanor to a Class X felony. If certain factors are present, most often the lack of a FOID or CCL card, gun possession is known as Aggravated Unlawful Use of a Weapon. The range of punishment for these types of offenses depends on whether or not the person has a valid Concealed Carry License or FOID card, as well as their prior criminal record. Below is an overview of how Unlawful Use of a Weapon/Aggravated Unlawful Use of a Weapon can be charged and the punishment range.

Arrested for a gun but:

  • Have a CCL & violating how you can carry: 430 ILCS 66/70(e) ○ First violation: Class B Misdemeanor ○ 2nd Violation: Class A Misdemeanor ○ 3rd Violation: Class A Misdemeanor: permanent revocation of Concealed Carry License
  • Have FOID no CCL: ○ Aggravated Unlawful Use of a Weapon-No FOID card, class 4 felony, 1-3 years IDOC or up to 30 months of probation.
  • NO CCL/FOID: ○ Aggravated Unlawful Use of a Weapon: Cl. 4 Felony- 1-3 years IDOC- NOT ELIGIBLE FOR PROBATION
  • NO CCL/FOID & YOU’RE A FELON: ○ Aggravated Unlawful Use of a Weapon: Cl. 3 Felony: mandatory: 2-10 years IDOC (@50%) ■ UNLESS*********
  • 3-14 years IDOC (@50%), if prior for: ○ Forcible Felony: ○ FOID Act Viol Sec 24 ○ Cl. 2 or greater Drug Offense ○ Stalking or Aggravated Stalking
  • Prior Felony Conviction for 7-14 years IDOC (@50%):
    • Aggravated Unlawful Use of a Weapon
    • Unlawful use or possession of a weapon by a felon
    • First Degree Murder
    • Attempted First Degree Murder with a firearm
    • Aggravated Kidnapping with a firearm
    • Aggravated Battery with a firearm
    • Aggravated Criminal Sexual Assault
    • Predatory Criminal Sexual Assault
    • Armed Robbery
    • Vehicular Hijacking
    • Aggravated Vehicular Hijacking
    • Home Invasion
    • Aggravated Discharge of a Firearm
    • Aggravated Discharge of a Machine Gun/Firearm with Silencer
    • Unlawful Use of a Firearm Projectiles
    • Manufacture, sale, or transfer of bullets/shells-armor piercing
    • Unlawful Sale or Delivery of Firearms
    • Unlawful Discharge of Firearm Projectiles
    • Unlawful Sale or Delivery of Firearms on School Premises
    • Unlawful Purchase of a Firearm
    • Use of a Stolen Firearm in the Commission of an offense
    • Possession of a Stolen Firearm
    • Aggravated Possession of a Stolen Firearm
    • Gunrunning
    • Defacing identification marks of firearms
    • Armed Violence
    • 730 ILCS 5/5-4.5-110
    • IF you are on Parole for ANY FELONY OFFENSE at the time of arrest:
      • 2 felony: 3-7 years IDOC (@50%)

ARMED HABITUAL CRIMINAL

Armed Habitual Criminal is one of, if not the, most serious gun charge under Illinois law. Under this statute, a person is facing class X sentencing. With sentencing, 6-30 years IDOC. Importantly, it is served at 85%, as compared to the normal 50% of most of the above charges. Possibly the most significant aspect of Armed Habitual Criminal is the extreme sentencing enhancement. The enhancement is based on the Defendant’s prior criminal convictions. The State simply has to prove unlawful possession of the handgun and the sentencing provisions of Armed Habitual Criminal apply if charged. Under 720 ILCS 5/24-1.7, you can be charged with Armed Habitual Criminal if you are charged with gun possession/Aggravated Unlawful Use of a Weapon and you have the TWO of the following convictions in your background:
  • A forcible felony as defined in Section 2-8 of the Illinois Criminal Code; or
  • Unlawful Use of a Weapon by a Felon; Aggravated Unlawful Use of a Weapon; Aggravated Discharge of a firearm; Vehicular Hijacking; Aggravated Vehicular Hijacking; Aggravated Battery of a Child-section 12-4.3; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm-section 14-2; or
  • Any violation of the Illinois Controlled Substances Act or Illinois Cannabis Control Act is a class 3 felony or higher.

CONCLUSION

Whether you are charged with a misdemeanor unlawful use of a weapon or Armed Habitual Criminal, gun possession in Illinois is no joke. From loss of your FOID & 2nd amendment privileges and/or probation to serious IDOC time, the consequences of this type of conviction are hardly a laughing matter. In this situation, you need lawyers who not only know the gun laws in Illinois but know how to fight them. At Robert Callahan & Associates, we have represented thousands of clients for Aggravated and Unlawful Use of a Weapon and similar charges for nearly three decades. Call us today for a free consultation at 312 322 9000.    

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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