Unlawful Restraint

Charged with Unlawful Restraint in Chicago? Defense Attorney Andrew M. Weisberg Can Protect Your Freedom

Being charged with Unlawful Restraint in Illinois is no minor matter. It’s a felony offense that can result in prison time, steep fines, and a lifelong criminal record. And under the new Cook County State’s Attorney’s policies, these cases are being prosecuted more aggressively than ever before — with fewer plea deals, tougher sentencing, and reduced opportunities for probation.

If you’re facing this charge, you need a defense attorney who knows how to fight back against the Cook County State’s Attorney’s Office. Andrew M. Weisberg is a former Cook County prosecutor with deep insight into how these cases are built and how to dismantle them. His extensive courtroom experience allows him to anticipate the prosecution’s moves and protect your rights at every stage.

The New Reality in Cook County: Harsher Prosecution, Fewer Second Chances

Cook County’s current administration has made violent and restraint-related offenses a top priority. As a result, individuals accused of unlawful restraint now face a much tougher legal landscape:

• Probation is rarely offered – even first-time offenders are now seeing jail or prison time.

• Fewer plea negotiations – prosecutors are instructed to take more cases to trial.

• Harsher sentences – judges face pressure to impose longer prison terms.

• Stricter bond standards – many defendants are held in custody while awaiting trial.

A charge that might once have been resolved with probation or supervision now routinely leads to incarceration. Having an experienced, strategic, and aggressive defense attorney has never been more critical.

Understanding Unlawful Restraint Under Illinois Law

Illinois law defines Unlawful Restraint under 720 ILCS 5/10-3 as knowingly and without legal authority restraining another person against their will. Unlike kidnapping, the charge does not require moving the victim to another location—but it does involve restricting their freedom or ability to leave.

Key elements the prosecution must prove include:

• Detention without consent – the alleged victim was confined or prevented from leaving.

• Lack of legal authority – the restraint was not lawful (e.g., not a police action).

• Knowledge and intent – the defendant must have knowingly and intentionally restricted another person’s movement.

Unlawful restraint is often charged alongside related crimes such as domestic battery, aggravated assault, or kidnapping, which can dramatically increase the potential penalties.

Penalties for Unlawful Restraint in Illinois

Illinois law imposes significant penalties for these offenses—and under today’s stricter policies, the risk of incarceration is even greater:

• Class 4 Felony – 1 to 3 years in prison and fines up to $25,000.

• Aggravated Unlawful Restraint (Class 3 Felony) – 2 to 5 years in prison if a weapon was involved.

• Repeat Offenders – longer sentences and reduced chances for probation.

A conviction also brings lasting consequences:

• A permanent criminal record that can’t be sealed or expunged.

• Loss of employment opportunities and professional licenses.

• Damage to reputation and relationships.

• Immigration issues for non-U.S. citizens, including potential deportation.

How Andrew M. Weisberg Builds a Powerful Defense

In today’s legal climate, you can’t afford a passive defense. Andrew M. Weisberg takes an aggressive, hands-on approach—scrutinizing every aspect of the case to find weaknesses in the prosecution’s evidence and expose flaws in their theory.

Depending on the facts, he may argue:

• Lack of Intent – If the restraint was accidental or misunderstood, it may not meet the definition of the crime.

• Consent of the Alleged Victim – If the other person voluntarily remained, no crime occurred.

• Legal Justification – Actions taken in self-defense or to protect another person can be lawful.

• Mistaken Identity – When identification is uncertain or based on unreliable witnesses, reasonable doubt exists.

• Violation of Your Rights – If the police performed an illegal search, coerced a statement, or ignored due process, critical evidence can be suppressed.

When plea negotiations are limited, having an attorney prepared to take your case to trial is invaluable. Andrew M. Weisberg has tried numerous felony cases in Cook County courtrooms and knows how to present a compelling defense before judges and juries alike.

Why Clients Trust Andrew M. Weisberg

• Former Felony Prosecutor – He understands exactly how the other side prepares its cases.

• Experienced Trial Attorney – Skilled in both negotiation and courtroom litigation.

• Personal Representation – You’ll work directly with Andrew from start to finish—no associates, no handoffs.

• Proven Record of Results – Hundreds of clients have had charges reduced, dismissed, or won outright at trial.

• Available 24/7 – Legal emergencies don’t wait, and neither does he.

Take Action Now – Contact Andrew M. Weisberg

A charge of unlawful restraint is too serious to face without experienced legal representation. With prosecutors in Cook County pushing for maximum penalties, the sooner you act, the better your chances of protecting your rights and your future.

Call (773) 908-9811 today for a free, confidential consultation, or complete the Case Review Form on our website.
Andrew M. Weisberg is ready to fight for you—every step of the way.