Orland Park Kidnapping Lawyer

Joliet Criminal Defense Lawyer for Aggravated Kidnapping and Unlawful Restraint

With Kidnapping, the state must prove that the person who is alleged to have kidnapped another did so with knowledge of what they were doing and that the individual intended to secretly confine the victim; or induced another to come with him or her with the intent to secretly confine that person. Charges of Kidnapping can be brought whether the victim is a child or adult. If a child is involved, the consent of the parent to confine the child will defeat charges of Kidnapping. However, if the parent initially consented, then at some point withdrew consent, Kidnapping charges would be proper. This is often the case with separated parents. One parent will grant the other parent authority to allow the child to be taken for a brief time for visitation. Failure for the parent to return the child after the period of visitation ends can qualify as Kidnapping.

The Sentence

Probation Possible? – Yes.

Supervision Possible? – No.

Aggravated Kidnapping

Aggravated Kidnapping involves ordinary Kidnapping with the addition of several other factors that increase the punishment if a person is found guilty. If the kidnapping involves the use of a weapon, the sentences dramatically increase. Additionally, non-violent actions taken in the course of the kidnapping may allow for greater punishment. For instance, if the kidnapper intends on holding the victim for ransom, that could allow that person to be charged and convicted of Aggravated Kidnapping. When a deadly weapon, especially a firearm, is used, an individual can expect to face a very long prison sentence if found guilty of Aggravated Kidnapping.

The Sentence

1st Offense

2nd or Subsequent Offense

Probation Possible? – No.

Supervision Possible? – No.

Time To Be Served – Must serve 85% of the sentence imposed

Unlawful Restraint

In order for the state to prove their charge of Unlawful Restraint, the state must prove that the individual charged knew or should have known he or she was restraining someone. The restraint must be against the individual's will. If the individual consented to be restrained, or was capable of leaving an area when he or she desired but chose not to, no crime has been committed. Additionally, the Unlawful Restraint must not be supported by legal authority. If a police officer arrests an individual because he or she genuinely believed that person committed a crime, the police officer cannot be convicted of Unlawful Restraint because the officer has legal authority to restrain an individual

The Sentence

Probation Possible? Yes.

Supervision Possible? No.

Contact Our Will County Kidnapping Defense Attorney

If you are facing criminal charges related to kidnapping or unlawful restraint contact our firm at 708-966-2408 to set up a free consultation today.