Charged with Unlawful Restraint in Chicago? Andrew M. Weisberg Can Defend Your Rights

Unlawful restraint is a serious felony offense in Illinois, carrying harsh penalties that can lead to prison time, fines, and a permanent criminal record. Under the new Cook County State’s Attorney policies, these charges are now prosecuted more aggressively, with fewer opportunities for alternative sentencing or plea deals.

If you have been charged with unlawful restraint, it is critical to have an experienced defense attorney who can challenge the prosecution’s case and fight for the best possible outcome. Andrew M. Weisberg is a former Cook County prosecutor with a deep understanding of Illinois law, giving you the best possible defense strategy in a tough legal climate.

How the New Cook County Policies Impact Unlawful Restraint Cases

In recent years, Cook County prosecutors have taken a harder stance on violent crimes, including unlawful restraint and aggravated unlawful restraint. The new policies make it significantly harder to avoid jail time, meaning:

• Prosecutors are pushing for harsher sentences, often rejecting probation for first-time offenders.
• Fewer cases are being resolved through plea bargains, forcing more defendants to go to trial.
• Judges are under increased pressure to impose stiff penalties, particularly in cases involving allegations of violence or weapons.
• Bond and pretrial release are more difficult to obtain, meaning defendants may remain in custody while their case is pending.

These changes mean that facing an unlawful restraint charge today is far riskier than it was even a few years ago. If convicted, you could face years in prison, which is why having an aggressive, experienced attorney like Andrew M. Weisberg is more important than ever.

Understanding Unlawful Restraint in Illinois

Under 720 ILCS 5/10-3, unlawful restraint occurs when a person knowingly and without legal authority restrains another person against their will. Unlike kidnapping, unlawful restraint does not require moving the victim from one place to another, but it does involve restricting the person’s freedom.

Key elements of this charge include:

• Detention Without Consent – The victim was confined against their will and without their consent.
• Lack of Legal Authority – The detention was not justified by law (e.g., a private citizen cannot lawfully detain someone).
• Knowledge and Intent – The prosecution must prove that the defendant knowingly and intentionally restrained the victim.

Unlawful restraint is often charged alongside other offenses, such as domestic battery, aggravated assault, or kidnapping, which can increase penalties.

Penalties for Unlawful Restraint in Illinois

Illinois law imposes strict penalties for unlawful restraint, and under the new policies, sentences are becoming more severe:

• Class 4 Felony – 1 to 3 years in prison and fines of up to $25,000.
• Aggravated Unlawful Restraint (Class 3 Felony) – If a weapon was used, the charge escalates to a Class 3 felony, carrying 2 to 5 years in prison and fines of up to $25,000.
• Repeat Offenders Face Even Harsher Sentences – Those with prior convictions may face longer sentences and be denied probation.
• Permanent Criminal Record – A conviction will follow you for life, impacting your ability to find employment, secure housing, and maintain relationships.

With Cook County prosecutors taking a harder stance, many cases that previously resulted in probation now lead to prison time.

How Andrew M. Weisberg Fights Unlawful Restraint Charges

A strong defense strategy is crucial in unlawful restraint cases, especially under today’s stricter prosecution policies. Andrew M. Weisberg has extensive experience defending serious felony charges and will use every legal tool available to fight for the best possible outcome.

Some defenses he may explore include:

• Lack of Intent – The prosecution must prove that you knowingly and intentionally restrained someone. If intent is unclear, the charge may not hold.
• Consent of the Alleged Victim – If the alleged victim agreed to stay or was not actually restrained, Andrew will work to prove that no crime occurred.
• Legal Justification – If the restraint was part of self-defense or the protection of others, it may be lawful under Illinois law.
• Mistaken Identity – If there is any doubt about whether you were the individual responsible, Andrew will work to uncover evidence that proves your innocence.
• Violation of Your Rights – If police conducted an unlawful search or coercive interrogation, the case may be dismissed due to constitutional violations.

With Cook County’s new policies making plea deals harder to obtain, having an attorney skilled in trial defense is critical. Andrew M. Weisberg has successfully taken many cases to trial and is prepared to aggressively challenge the prosecution’s case.

Why Choose Andrew M. Weisberg as Your Defense Attorney?

• Former Cook County Prosecutor – He knows how the prosecution builds cases and how to counter them.
• Aggressive Defense Tactics – He uses strategic and proactive defense techniques tailored to your case.
• Proven Track Record – He has successfully defended hundreds of clients facing serious felony charges.
• Personalized Representation – Your case won’t be passed off to an associate—Andrew handles every case personally.
• Available 24/7 – Criminal charges don’t wait, and neither does he.

Call Andrew M. Weisberg Today for a Free Consultation

If you have been charged with unlawful restraint in Chicago, you must act quickly to protect your rights. With Cook County’s tougher policies, facing these charges without a strong legal defense could mean years in prison.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation, or fill out the Case Review form on our website. The sooner you act, the better your chances of securing a favorable outcome.