Kidnapping Charges in Chicago
Kidnapping is typically classified as either Aggravated or second-degree. Second-degree is usually a low-level felony, but aggravated kidnapping is usually a serious felony. A person must deliberately and intentionally confine another person against their will in order to be charged. The offender must have the intent to detain the victim.
Charges for aggravated kidnapping involve extra elements that intensify the crime. These elements could include the use of a lethal weapon, harming the victim, requesting a ransom, or committing a crime with the intention of committing another criminal.
Child abduction charges in Chicago occur when a minor under the age of 17 is intentionally and illegally taken from their parent or legal guardian. The offender must have the intent of taking hostage or to keep the child's location a secret.
Definition and Degrees of Kidnapping
Kidnapping happens when an individual intentionally and covertly abducts another individual against their will by the use of force, threat of force, deception, or enticement. In the United States, the confinement of another against their will while putting them in a controlled environment is a serious crime. It might be putting someone against their will into a car and driving them somewhere else, or it might even be confining them in a room so they can't leave. In certain cases, it might be necessary for there to have been unlawful behavior connected to the abduction in order for charges to be brought, such as extorting the victim or a family member or aiding and abetting another kind of crime. The two most common degrees are second-degree and Aggravated or first-degree felony.
Although there is no severity classification for abduction under the federal legislation, which is often referred to as the Lindbergh legislation, the Federal Sentencing Guidelines dictate a heavier punishment in cases where the victim suffered injury or if a gun was used during the crime. The Illinois Criminal Code of 2012 (720 ILCS 5) defines various degrees of kidnapping, including the following:
- Aggravated Kidnapping: Someone is guilty of this crime if they take a child under the age of 13 or someone with a severe or profound intellectual disability as their victim and they kidnap with the intention of demanding a ransom from the victim or anyone else.
- Forcible Detention: The act of taking hostage without legal justification in order to force them to comply with demands made by the one holding them.
- Unlawful restraint: When someone knows they are not authorized to hold someone else, they are committing the crime of unlawful restraint.
- Child Abduction: When someone purposefully disobeys any provisions of a legitimate court order that grants one person exclusive or joint custody, care, or possession of another, such as by hiding or holding the child or taking them out of the court's jurisdiction, that person is guilty of the crime of child abduction.
- Harboring a runaway: Any individual who, without the knowledge or consent of the minor's parent or guardian, knowingly provides shelter to a minor for more than 48 hours without the minor's parent or guardian's consent, and without informing the local law enforcement authorities of the minor's name and the fact that the minor is receiving shelter, save for an agency or association that provides crisis intervention services as defined in Section 3-5 of the Juvenile Court Act of 1987 or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969.
Consequences of Kidnapping Convictions
Different punishments may apply for kidnapping convictions in Illinois, depending on the details of the case. Second-degree is a low-level felony, whereas first-degree is considered a serious felony.
The minimum term for imprisonment for a kidnapping Class 2 felony in Illinois is 3 years, and the maximum sentence is seven years. A fine of not more than $25,000 may be imposed on the offender. As stipulated in the Illinois criminal code 720 ILCS 5/10-2, aggravated kidnapping has a mandatory minimum sentence of 15 to 25 years, which is supplemented by the court-imposed period of imprisonment based on the severity of the offense.
How We Can Help: Kuchinski Law Group's Approach
You must speak with a skilled defense attorney if you are being charged with kidnapping. Kuchinski criminal defense attorney can examine your case, assess if you have any viable defenses, and, if required, represent you in court. With the ability to estimate the prosecution's strategy, our kidnapping defense lawyer Chicago, can provide you an advantage in court. Throughout the legal process, we will evaluate the evidence, point out holes in the prosecution's case, and fight for the defendant's rights.
Potential Defenses for Kidnapping Charges
In order to effectively defend against abduction charges, a detailed examination of the particular facts of the case is necessary. Unlawful confinement attorney Sergei Kuchinski can look into the accusation thoroughly and gather important information to help you develop a strong, unique defense plan. Contesting the prosecution's capacity to establish the defendant's intention to imprison the accused person illegally is one possible line of defense. If the offender lacked the necessary purpose, the abduction allegation can be dismissed.
In some cases, we can claim that the accused acted under duress or necessity, which means that they were compelled to carry out the claimed conduct because they feared for their lives or the lives of others. We would argue that the evidence is insufficient. The defense may contend that there is insufficient evidence to establish the defendant's involvement in the kidnapping if there is no solid evidence from the prosecution.
Our lead criminal attorney, Sergei Kuchinski can provide legal advice for trafficking charges Illinois by evaluating the particulars of the case, formulating a defense, and offering direction all through the court proceedings. It's critical to speak with an expert for guidance specific to your circumstances. Contact Kuchinski Law Group at (312) 765-7365 for a case evaluation or consultation.
