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

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

Archive