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Unlawful Restraint Chicago Criminal Defense Attorney Defines Unlawful Restraint
First, in Illinois it is illegal to purposely restrain another person. Always, when you restrain somebody else if you do not have the legal right to do that, you are committing the offense of unlawful restraint. Moreover, the state can charge you with unlawful restraint even if you were not violent to the person whom you restrained
Statutory Definition of Unlawful Restraint
Under 720 ILCS 5/10-3, a person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.In the first place, Illinois law strictly punishes for unlawful restraint. To illustrate, unlawful restraint is a Class 4 felony in Illinois. Moreover, Illinois law also has the definition of Aggravated Unlawful Restraint. Under 720 ILCS 5/10-3.1, a person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon. Specifically, aggravated unlawful restraint is a Class 3 felony.
Elements of Unlawful Restraint in Illinois
Previously, Unlawful Restraint Chicago Criminal Defense Attorney defined that unlawful restraint requires the State to prove that the defendant knowingly and without legal authority detained another. Therefore, there State has to prove two elements. First, that a person acted knowingly. Second, that that person acted without legal authority. According to 720 ILCS 5/4-5(b), a person acts knowingly when he is consciously aware that such result is practically certain to be caused by his conduct. Next, if you have legal authority to detain somebody, you are not committing the offense of unlawful restraint. Moreover, even if you detain a person for a split second, you are still guilty of unlawful restraint. Here, there is no minimum time requirement to commit the offense. Finally, people sometimes use physical force to unlawfully restraint somebody. However, it is not a necessary requirement. Sometimes, the victim may be intimidated or deceived and unlawfully restrained.
Defenses to Unlawful Restraint Explained by Unlawful Restraint Chicago Criminal Defense Attorney
Most importantly, there could be defenses available to you. First, if the person could have escaped and to get out of the restraint, Unlawful Restraint Chicago Criminal Defense Attorney can argue that no restraint happened. Second, if a person consents to be restrained or detained, no offense of unlawful restraint happens as well.
Call Unlawful Restraint Chicago Criminal Defense Attorney if the State Charged You With Unlawful Restraint
Previously, Unlawful Restraint Chicago Criminal Defense Attorney mentioned that any offense of unlawful restraint is a felony. Thus, a felony conviction will have extremely serious consequences for you or for your loved one. Therefore, if the State charged you, you should act fast. Put it simple, you should immediately call Unlawful Restraint Chicago Criminal Defense Attorney at (312) 583-7345. First, Unlawful Restraint Chicago Criminal Defense Attorney has a unique perspective on the criminal justice system in Illinois. As a result, he will review your charges, will help you to understand your rights and develop the best winning strategy for your defense First consultation is always free and absolutely confidential.