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720 ILCS 5/10-3

Unlawful Restraint

 

  • Class 4 Felony
  • 1-3 years in prison
  • Fine up to $25,000
  • Sex offender registration in certain cases
  • Call for more details

 

Understanding Unlawful Restraint in Illinois

Unlawful restraint is a criminal offense in Illinois that involves knowingly detaining or confining another person against their will without legal authority. This crime is taken seriously due to its implications on personal freedom and can result in significant legal penalties, including imprisonment and fines. A conviction for unlawful restraint can also have long-lasting consequences on your personal and professional life.

 

What Constitutes Unlawful Restraint in Illinois?

Under Illinois law, unlawful restraint is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/10-3. The offense occurs when an individual knowingly and without legal justification detains or confines another person in such a manner that the person is unable to leave. Key elements of this crime include:

 

  • Detention Without Consent: The individual restrains or confines another person without their consent.
  • Lack of Legal Authority: The restraint or confinement is done without any legal right or authority.
  • Prevention of Freedom of Movement: The act must prevent the victim from moving freely, such as locking them in a room or restraining them physically.

Examples of Unlawful Restraint Under 720 ILCS 5/10-3

Here are specific examples of unlawful restraint as defined under Illinois law:

 

  1. Locking Someone in a Room
    • Statute: 720 ILCS 5/10-3(a)
    • Description: Knowingly locking someone in a room or building, preventing them from leaving against their will.
  2. Physically Restraining a Person
    • Statute: 720 ILCS 5/10-3(a)
    • Description: Using physical force or threats to restrain someone from moving freely.
  3. Detaining Someone Without Legal Authority
    • Statute: 720 ILCS 5/10-3(a)
    • Description: Detaining or confining someone without any legal justification, such as holding someone against their will in a vehicle.

Penalties for Unlawful Restraint in Illinois

Unlawful restraint is typically classified as a Class 4 felony in Illinois. However, if aggravating factors are present, such as the use of a deadly weapon, the charges can be elevated to aggravated unlawful restraint, which carries more severe penalties. The penalties for unlawful restraint can include:

 

  • Class 4 Felony:
    • 1 to 3 years in prison
    • Fines of up to $25,000
    • Probation or conditional discharge may be available in certain cases
  • Class 3 Felony (Aggravated Unlawful Restraint):
    • 2 to 5 years in prison
    • Fines of up to $25,000
    • Extended probation periods or conditional discharge

In addition to these legal penalties, a conviction for unlawful restraint can lead to a permanent criminal record, which can impact employment opportunities, housing, and personal relationships.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of unlawful restraint can be a daunting experience, and the consequences of a conviction can be life-altering. Andrew M. Weisberg, a former Cook County prosecutor, brings a wealth of experience and a deep understanding of the criminal justice system to your defense. Here’s why choosing Mr. Weisberg is the best decision you can make:

 

  • Comprehensive Legal Knowledge: With extensive experience in handling unlawful restraint and related charges, Mr. Weisberg knows the tactics prosecutors use and how to effectively counter them.
  • Strategic Defense Planning: Mr. Weisberg will thoroughly investigate the circumstances of your case, identify any weaknesses in the prosecution’s evidence, and develop a defense strategy tailored to your situation.
  • Personalized and Compassionate Representation: Understanding the stress and uncertainty that come with criminal charges, Mr. Weisberg provides personalized attention and compassionate representation to each of his clients.
  • Aggressive Legal Advocacy: Known for his aggressive defense strategies, Mr. Weisberg will fight tirelessly to protect your rights and work towards the best possible outcome in your case.

When facing unlawful restraint charges, you need an attorney who not only understands the law but also has the experience and determination to fight for your rights. Andrew M. Weisberg is committed to providing you with a robust defense and the best possible legal representation.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your case and learn how he can help protect your rights and future.