DGAA bLAWg

Thanksgiving Day Massacre: If Turkeys Had Legal Rights

Web Admin - Friday, November 21, 2014
turkey Thanksgiving criminal charges, Schaumburg personal injury lawyer

Thanksgiving is just around the corner now, so it seems like a good time to engage in an educational hypothetical: “what if turkeys had legal rights?” Suppose Chris Carver is just about to start preparing Tom Turkey for Thanksgiving dinner, when Governor Rauner, taking his cue from the annual presidential turkey pardon, decrees that all turkeys are protected and have the same rights as people. The police break down Chris's door, taking him away in handcuffs and saving Tom. This leads to two questions: “what, undoubtedly delicious, crimes could Chris be charged with?” and “what civil claims could Tom bring against him?"

Criminal Charges

There are a variety of crimes that Chris may be guilty of. The two major ones are kidnapping and attempted murder. Kidnapping is defined under Illinois law as “secretly confining someone against their will.” Chris was clearly confining Tom. Assuming it was done secretly, Chris may actually be guilty of aggravated kidnapping, a more serious version of the crime, because he had a carving knife, which would be a deadly weapon for purposes of the law. Aggravated kidnapping is a Class X felony in Illinois, which carries a sentence of between six and 30 years in prison.

However, Chris was doing more than just confining the turkey; he was preparing to cook him, which would be first-degree murder in Illinois. The different degrees of murder in Illinois are based on what the offender was attempting to do. Chris's qualifies for first-degree, the most serious, because he was intentionally trying to kill Tom. The fact that Chris did not succeed in killing Tom Turkey does not matter because he took a “substantial step” towards the murder when he kidnapped Tom. This means that the state could still charge him with attempted first-degree murder, also a Class X felony.

Civil Claims

While the criminal charges would take care of punishing Chris for his crimes, they do not provide Tom with any restitution for his ordeal. Fortunately, Tom can also sue Chris in civil court for several different claims. For instance, Tom can sue Chris for false imprisonment, the civil version of kidnapping, because he held Tom against his will. Tom could also sue Chris for assaulting him, since Chris intentionally acted in a way that put Tom in fear of an immediate harmful contact. Assuming Tom succeeds on these claims he can recover a variety of damages including payment of any medical bills, any wages he lost from his job during his confinement and recover, and compensation for the emotional pain and suffering of almost becoming Thanksgiving dinner.

If you believe you have been a victim of harms like Tom's, or you want to learn more about your criminal rights if you have been charged, contact the Schaumburg personal injury and criminal attorneys at Drost, Gilbert, Andrew & Apicella, LLC today. We assist clients in Rolling Meadows, Buffalo Grove, Barrington, and throughout the Chicago suburbs. Call 847-934-6000 for a free consultation.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

license reinstatement Des Plaines DUI attorney Illinois Sales Representative Act healthcare Illinois insurance claims lawyers living trust benefits Schaumburg insurance lawyers job lawyers Illinois insurance claim dispute lawyer bicycle dooring accidents Inverness real estate lawyer Illinois employment attorneys Palatine punch death Illinois workers compensation attorney IRA trust transfer Schaumburg estate attorney IRS defective products lawyer Arlington Heights Traffic Lawyer insurance agents South Barrington real estate attorney Illinois insurance disputes changes to mortgage law wage theft insurance adjusters filing a medical malpractice claim owner responsibility Chicago estate planning lawyer workers compensation insurance claim dispute attorney Illinois estate planning attorney employment contract School Visitation Rights Act Mount Prospect elder law attorney Inverness civil lawyer BAC Barrington Illinois estate planning lawyer boating accidents advance healthcare directive GM ignition switches Arlington Heights personal injury lawyer employees real estate attorney Illinois speeding lawyer Rolling Meadows employment attorney natural gas employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Buffalo Grove real estate attorney criminal law Arlington Heights pedestrian accidents Crystal Lake personal injury lawyer underage DUI foreclosure Illinois criminal defense attorney CAM Rolling Meadows traffic law firm severance agreements car crash injuries Rolling Meadows car accident lawyers Palatine real estate lawyer unauthorized overtime Deer Park traffic lawyer Rolling Meadows tax attorney underfunded trust medical malpractice claims slip and fall crossover accidents Forcible Entry Des Plaines accident attorney Rolling Meadows marijuana attorney Family Medical Leave Act Schaumburg Illinois probate lawyer Des Plaines tax law firm nursing home negligence personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys no contest clauses power of attorney dog bites Illinois Detainer Actions Crystal Lake business law attorneys trauma after an accident Barrington employment law firm unfunded trust surgical mistakes real estate contract Palatine workers compensation lawyer living trust Liquor Control Act Rolling Meadows drug defense attorney comp time Illinois civil litigation lawyer Rolling Meadows accident lawyer motorcycle accident lawyer Illinois insurance claim dispute lawyers Illinois rollover accident lawyers Palatine traffic lawyer Crystal Lake estate planning lawyer new real estate form Fourth of July condo association DUI defense FSLA Long Grove estate planning attorney Illinois employment law attorneys Illinois wills and trusts attorneys holiday statistics foreclosed rental property deadly crashes vacation home mortgage elder law DUI civil litigation attorney Barrington estate planning lawyer loopholes Chicago estate planning estate planning Palatine civil litigation lawyer Schaumburg medical malpractice lawyer insurance claim delay Crystal Lake personal injury attorney Arlington Heights medical malpractice lawyer DNR irrevocable trust personal injury law firm medical marijuana DMV Arlington Heights estate planning attorney Illinois traffic accident lawyer field sobriety test employee rights construction contracts Buffalo Grove injury lawyer traffic violations Kenilworth estate planning attorney Deer Park workers compensation lawyer estate planning trusts Rolling Meadows traffic attorney Illinois real estate Schaumburg personal injury attorney Illinois attorney probate claims process real estate zoning traumatic brain injury paid sick leave medical malpractice Illinois employment law attorney Self-Directed IRA Accounts breathalyzer test tax attorney taxes trustee medication errors Arlington Heights employment attorney unpaid overtime income distribution deducation unpaid assessment trucking accident lawyers DUI penalities personal injury residential real estate Barrington litigation attorney BUI Illinois Trust Code driving Class A misdemeanor Crystal Lake employment law attorney financial advisors appealing an insurance claim Rolling Meadows DUI lawyer Illinois construction accident attorney Employment Discrimination Law Des Plaines criminal attorney Kenilworth estate planning attorneys Des Plaines rollover car crashes Barrington business law firm Arlington Heights wills and trusts lawyers Kenilworth estate planning lawyer denied insurance claims car accident lawyers Colin Gilbert digital media accounts, estate planning, Arlington Heights estate planning attorney, liability claims Inverness DUI lawyer Barrington Traffic Lawyer Rolling Meadows personal injury attorney Jay Andrew modern family estate planning life insurance lawyer denied insurance claim Inverness traffic law firm workers comp special needs trust Affordable Care Act murder charges Barrington employment law attorney Arlington Heights trucking lawyer Deer Park DUI lawyer Illinois medical malpractice lawyers Barrington criminal lawyer health insurance dispute Schaumburg corporate attorney Crystal Lake traffic attorney civil rights violation Rolling Meadows probate lawyer dynasty trusts rent to own real estate contracts pedestrian-automobile accident Crystal Lake insurance lawyer compensatory time Illinois mortgages Palatine Attorney Schaumburg Attorney insurance claim Illinois employment laws Riverwoods estate planning lawyer car collision privacy laws automated cars TBI motorcycle accident wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Rolling Meadows criminal attorney food poisoning traffic violations defense estate planning for college students pet law Rolling Meadows employment law attorney Mount Prospect wills and trusts lawyers vacation home fines living wills Illinois workplace lawyer Illinois medical malpractice claim Illinois tax attorney home inspection lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Schaumburg car accident attorney FMLA senior citizens Buffalo Grove employment lawyer PTSD Arlington Heights wills and trusts lawyer employment law Joliet general practice lawyers traumatic brain injuries Deer Park traffic accident attorney Crystal Lake medical malpractice law firm overtime pay Des Plaines pet law attorney Barrington personal injury lawyer Crystal Lake accident attorney Whistleblower Claims golf accidents Des Plaines Traffic Lawyer insurance negligence Illinois employment lawyer Illinois Probate Act of 1975 traffic accidents car accident Palatine insurance lawyer Des Plaines claims law firm Palatine criminal defense lawyer spinal cord injury estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers digital information jet ski accidents Illinois employment law Buffalo Grove probate lawyer Arlington Heights real estate lawyer pedestrian injuries, pedestrian fatality Inverness accident lawyer Rolling Meadows insurance lawyer Illinois Workers’ Compensation Commission Illinois motorcycle accident lawyer Palatine employment law lawyer Illinois insurance attorney digital evidence speeding Colin H. Gilbert Illinois jet ski accident lawyer Barrington boating accident attorney Chicago employment lawyer controlled substance civil litigation wrongful termination wills slip and fall accidents Chicago attorney Des Plaines medical malpractice attorney wills and trusts car accidents Food and Drug Administration's Food Safety Modernization Act sexual harassment fault based insurance first degree murder truck collisions dram shop law fiduciary rule personal injury claims insurance denial appeals life insurance criminal real estate leasing Arlington Heights wills and trusts attorney Barrington injury attorney small business Arlington Heights insurance attorney power of attorney for healthcare Long Grove estate planning attorneys Rolling Meadows real estate attorney Chicago traffic lawyer Rolling Meadows criminal lawyer Illinois DUI attorney Illinois bicycle safety digital assets Chicago insurance law firm creditors child safety Barrington civil litigation attorney Rolling Meadows Attorney Schaumburg employment law attorneys insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys defective products Schaumburg real estate lawyer Deer Park employment law attorney pizza emoji suspended license insurance claim denials Deer Park motorcycle accident lawyer landlord Barrington criminal defense lawyer Palatine injury attorney Rolling Meadows Illinois traffic laws Des Plaines civil attorney mass shooting minimum wage pedestrian accident personal injury lawyer insurance disputes Inverness personal injury attorney bicycle accidents accidental death benefits Schaumburg personal injury lawyers fiduciary rule delay pay when paid contract estate tax fatal car accidents Inverness corporate attorney Rolling Meadows medical malpractice lawyers Des Plaines real estate lawyer uninsured motorist Palatine construction attorney manufacturing pet bites reckless homicide drunk driving statistics Buffalo Grove traffic lawyers Schaumburg civil litigation attorney Illinois wrongful termination lawyer Schaumburg construction accident lawyer independent contractor Illinois home inspection traffic tickets preventable medical errors Arlington Heights injury attorney Crystal Lake pedestrian accident lawyer Crystal Lake will lawyer Illinois collections attorney Chicago insurance claim attorneys guardianship attorney Arlington Heights personal injury attorney Rolling Meadows personal injury lawyers Illinois pet lawyer startup company Schaumburg elder law lawyer Illinois traffic attorneys Arlington Heights criminal lawyer Arlington Heights wills and trusts attorneys Home Remodeling Repair Act Illinois personal injury lawyer federal regulations for LLCs gift taxes traffic laws car crash Des Plaines personal injury lawyer Illinois workplace discrimination attorney Des Plaines collections attorney Mount Prospect real estate lawyer elder abuse Schaumburg employment attorney Illinois real estate lawyer underinsured motorist Chicago trucking accident attorney ACA expungement Inverness real estate attorney Schaumburg estate planning lawyer insurance claim dispute Rolling Meadows insurance dispute lawyers, insurance dispute Super Mario Mt Prospect Attorney insurance claim denial consent to a search Crystal Lake car accident attorney icy parking lots Palatine employment attorney Des Plaines personal injury lawyers Long Grove real estate attorney traffic deaths Deer Park personal injury lawyer drug possession revenge porn life insurance policy pain and suffering Palatine employment lawyer drug crime Inverness probate lawyer Deer Park accident attorney DGAA investment property murder Rolling Meadows estate planning attorney right to work corporate law Des Plaines drug crimes lawyer Schaumburg criminal law attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, commercial real estate Palatine probate lawyer Palatine elder law attorney dealing with problem employees Illinois small business coronavirus traffic offenses rollover accidents natural gas explosion attorney fees employment law, Illinois employment laws Inverness estate planning lawyer Attorney Ken Apicella texting and driving products liability Schaumburg injury lawyer LLCs workplace sexual harassment employee misclassification hit and run accident estate planning lawyer Chicago biking tips Buffalo Grove criminal defense lawyer Arlington Heights car crash attorneys DUI attorney Illinois employment law firm Fair Labor Standards Act loss of consortium insurance agent negligence in terrorem provision Rolling Meadows business lawyer ken apicella low-ball insurance settlement Barrington real estate lawyer probate lawyer Illinois LLC creation Transfer on Death Instrument Illinois injury lawyer real estate closing Illinois will lawyer license revocation Inverness injury lawyer hands free device workers compensation benefits marijuana crimes attorney condo Rolling Meadows corporate lawyer car crashes Illinois defective products attorney Arlington Heights traffic attorney Illinois car accident attorney employment attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois Smoke Detector Act Crystal Lake law firm Arlington Heights TBI attorney Des Plaines drug lawyer Illinois red light cameras POA Illinois wills and trusts Schaumburg wrongful death attorney Schaumburg drug defense lawyer federal crimes Illinois boating accident lawyer trucking accidents Policy Cancellation personal injury attorney Illinois insurance dispute lawyers distracted driving accidents back injuries Illinois driving without license probate fees Schaumburg probate attorney ObamaCare caretaker rights head on collisions Rolling Meadows personal injury lawyer Palatine drug lawyer llinois Real Estate Lawyers Association Crystal Lake car accident lawyer subcontractor estate attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys problem employees Deer Park real estate law firm Chicago corporate attorney trust payments digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers insurance claims Illinois insurance lawyer Do Not Resuscitate murder defense Barrington estate planning attorney Long Grove real estate lawyer brain injury drunk driving license Crystal Lake civil litigation lawyer Deer Park medical malpractice attorney bike accident Illinois trusts attorney Barrington employment attorney boating DUI Barrington workers compensation attorney Chicago will attorney whistleblower protections Barrington attorney cell phone bad faith insurance claims Illinois business law atorneys Illinois registered agent Buffalo Grove traffic attorney Illinois employee rights attorney. Barrington personal injury attorney Arlington Heights employment law attorneys social media after death estate planning attorney Palatine corporate law attorneys commercial leasing license suspension Rolling Meadows litigation lawyer installment contracts Palatine corporate attorney homestead rights disability benefits distracted driving accident victims business litigation operating agreements Illinois pedestrian accident attorney medical research Palatine personal injury lawyer Buffalo Grove law firm Buffalo Grove medical malpractice lawyers Arlington Heights Attorney commercial leases drug crimes lawyer product liability blood alcohol content Des Plaines motorcycle accident attorney Illinois Human Rights Act insurance dispute Illinois insurance claim attorney healthcare claims Palatine traffic accidents medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers internet Crystal lake insurance dispute attorney real estate lawyer Long Grove wills and trusts attorneys Exclusions pedestrian accidents Buffalo Grove personal injury lawyer trench injuries probate process life insurance claims privacy texting while driving eluding a police officer clemency liens car accident lawyer Illinois medical malpractice attorney Deer Park criminal attorney South Barrington real estate lawyer real estate attorneys probate contracts Crystal Lake employment attorney Schaumburg estate planning attorney Rolling Meadows employment law attorneys Crystal Lake employment lawyer caregiver capital gains tax college kids Home Sale Contingencies gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys jet ski Crystal Lake medical malpractice lawyer forming a corporation in Illinois preventing accidents Rolling Meadows insurance attorney Rolling Meadows insurance dispute lawyers Landlord Tenant Ordinance Legal Info personal injury claim Crystal Lake tax lawyer Illinois Wage Payment and Collection Act Illinois estate planning hiring employees blended families Federal Food Drug and Cosmetic Act premises liability Illinois job attorney rumble strips comparative negligence criminal record employment lawyer Inverness elder law lawyer Crystal Lake injury attorney pregnant women Chicago lawyer Buffalo Grove car accident lawyer marijuana Buffalo Grove corporate attorney Barrington drug crime attorney liability insurance attorney Crystal Lake pet attorney criminal defense landlord tenant law institutional trustee Arlington Heights car accident lawyer Des Plaines real estate attorney Illinois estate planning law firm overtime violations Thanksgiving meal breaks Rolling Meadows boating crash lawyer Long Grove estate planning Palatine business attorney Schaumburg personal injury lawyer agent Chicago car accident lawyer Schaumburg traffic lawyer Arlington Heights tax lawyer Chicago employment attorney involuntary manslaughter personal injury accidents Des Plaines insurance attorney cell phone accidents medical malpractice compensation insurance dispute attorney Illinois elder law attorney living trust vs will Rolling Meadows Traffic Lawyer breach of contract Des Plaines injury law firm sexual images BAIID IRELA Arlington Heights lawyer traffic crimes Buffalo Grove personal injury attorney denial of life insurance Palatine estate planning lawyer boating under the influence auto accidents Illinois business lawyer Crystal Lake criminal defense attorney sole proprietorship Illinois trucking safety spinal cord injuries Illinois traffic ticket lawyer Illinois law Arlington Heights accident attorney swimming pools Illinois medical malpractice case Inverness insurance attorney estate plan drugs real estate Illinois lawyer Illinois living will Illinois personal injury attorney Illinois personal injury lawyers Crystal Lake medical malpractice attorneys anesthesia errors insurance denials probate claims wrongful death Des Plaines personal injury attorney Palatine trusts lawyer Schaumburg criminal attorney rest breaks construction accidents trusts Illinois Transfer on Death Instrument Buffalo Grove insurance claim dispute lawyers Palatine law firm Illinois traffic attorney Retaliatory Discharge drug crimes Illinois corporate lawyer Palatine civil attorney Barrington medical malpractice lawyers employee discrimination IRA benefits Illinois workers compensation lawyer deed transfer Crystal Lake bike accident lawyer Crystal Lake traffic lawyer Illinois personal injury work unions cell phone tower data

Archive