Illinois Unlawful Restraint

The Law – 720 ILCS 5/10-3

A person commits Unlawful Restraint when he or she knowingly and without legal authority detains another.

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

CLASS 4 FELONY – 1 TO 3 YEARS

CLASS 3 FELONY IF DEADLY WEAPON IS USED – 2 TO 5 YEARS

Probation Possible? Yes.

Supervision Possible? No.

The latest from our blog...

Tips for Driving Safely Around Trucks

Truck accidents are serious and often fatal to drivers in passenger cars. In 2017, over 4,000 victims died as a result of truck accidents. Although truck drivers can face fatalities, ...

Read more...

What Rights Family Members Have After a Wrongful Death

It is possible to lose many family members during the span of a person’s life. Whether of old age, disease, or an accident, it is never easy to lose someone ...

Read more...

Types of Car Accident Injuries

It is impossible to get through life without getting injured at some point. An injury may be mild and solved with a band-aid, but on the other hand, a serious ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

Our NEW Phone Number

708-966-2408