Orland Park Kidnapping Lawyer

Lawyer for Aggravated Kidnapping and Unlawful Restraint in Orland Park, IL

There are a variety of reasons a person may be charged with kidnapping. While most people think of kidnappers as strangers who abduct children, most kidnapping cases involve parents or other family members taking children and refusing to turn them over to a parent or guardian when required. These charges may occur in situations involving child custody disputes when one parent is accused of taking their children out of state without notifying the other parent, and in some cases, people may be charged with kidnapping without realizing they had done anything wrong.

Because of the serious nature of these charges, people charged with kidnapping will need to make sure they take the correct steps to defend themselves. A skilled criminal defense attorney can provide the representation needed to address accusations, defend against convictions, and preserve important family relationships. At Issa Law, LLC, we work to protect our clients' rights and help them resolve criminal cases successfully.

Kidnapping Charges

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

Kidnapping is a Class 2 felony, and when someone is convicted of this offense, they may be sentenced to three to seven years in prison. Probation may be possible in some cases, but court supervision will not be available.

Aggravated Kidnapping

Certain factors may increase the penalties that will apply in cases involving accusations of kidnapping. If the kidnapping allegedly involved the use of a weapon, the sentence will dramatically increase. Additionally, non-violent actions taken in the course of the kidnapping may allow for greater punishment. For instance, if the kidnapper allegedly intended to hold the victim for ransom, they could be charged and convicted of Aggravated Kidnapping. When a deadly weapon, especially a firearm, was allgedly used, a person can expect to face a very long prison sentence if they are found guilty.

Aggravated kidnapping is a Class X felony. The sentence for this offense may range from six to 30 years, and additional time may be added if a person used or discharged a firearm or inflicted injuries that resulted in great bodily harm, permanent disfigurement, or death. A second or subsequent offense carries a sentence of life in prison. At least 85 percent of a sentence must be served, and probation or court supervision will not be available.

Unlawful Restraint

This offense may apply if a person allegedly held or confined someone against their will. In order for the state to prove a charge of unlawful restraint, the state must prove that the person knew or should have known they were restraining someone. The restraint must be against the person's will. If the person consented to be restrained or was capable of leaving an area when they desired but chose not to, no crime has been committed. Additionally, an action is not unlawful restraint if it was supported by legal authority. If a police officer arrests a person because the officer genuinely believed that person committed a crime, the police officer cannot be convicted of unlawful restraint, because the officer has legal authority to restrain a person.

Unlawful restraint is classified as a Class 4 felony with a potential sentence of one to three years in prison. If a deadly weapon was allegedly used, the charge may increase to a Class 3 felony, and a person could face a sentence of two to five years. Probation may be possible, but court supervision will not be available.

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 consultation today.