Chicago Aggravated Criminal Sexual Assault Attorney

Law enforcement and prosecutors in Illinois treat crimes of a sexual nature seriously. Being convicted of sexual assault or any other criminal sexual offense can result in harsh, life-changing penalties, including steep fines, registration as a sex offender, and potential jail time.

If you have been accused or charged on suspicion of criminal sexual assault or aggravated criminal sexual assault in Chicago, don’t hesitate to contact the respected defense team at Mitchell S. Sexner & Associates LLC. Our experienced lawyers can explain your rights and evaluate your case in a confidential consultation session. Call us today at (312) 644-0444 or contact us online to learn more.

Criminal Sexual Assault

Under § 11-1.20 of the Illinois Compiled Statutes (I.L.C.S.), criminal sexual assault includes acts of sexual penetration that:

  • Is accompanied by the use of force or the threat of force
  • Occurs despite the accused knowing that the victim is unable to understand or provide “knowing consent” to sexual acts
  • Involves a victim under the age of 18 who is a family member of the accused
  • Involves a victim who is younger than 18 but older than 13, and an accused party who is at least 17 years old and holds a position of authority over the victim

Penalties for Criminal Sexual Assault

In Illinois, criminal sexual assault is typically prosecuted as a Class 1 felony, one of the most serious charges in the state. Under I.L.C.S. § 5-4.5-30, a Class 1 felony conviction comes with a mandatory minimum of four to 15 years in prison. And under I.L.C.S. § 5-4.5-50, a criminal sexual assault conviction could also result in up to $25,000 in fines.

In certain cases, criminal sexual assault may be prosecuted even more harshly. For instance, it is considered a Class X felony if a defendant is convicted of criminal sexual assault when:

  • They were previously convicted of criminal sexual assault, exploitation of a child, or a substantially equivalent offense in Illinois or any other state
  • The offense involved a family member or an abuse of authority, and they were previously convicted of a substantially equivalent crime in any state

Class X felonies are even more severe than Class 1 felonies in Illinois. A conviction for a Class X felony can result in a mandatory minimum of six to 30 years in prison, plus possible fines.

Additionally, if a person is convicted of criminal sexual assault after having been previously convicted of aggravated criminal sexual assault, “predatory criminal sexual assault of a child,” or any substantially equivalent offense, they may be subject to a “term of natural life imprisonment.”

Aggravated Criminal Sexual Assault

I.LC.S. § 11-1.30 defines the similar but distinct offense of aggravated criminal sexual assault. Under this statute, aggravated criminal sexual assault occurs when any of the following circumstances exist during the commission of a criminal sexual assault:

  • The accused displays, threatens to use, or uses a dangerous weapon or object, other than a firearm
  • The accused causes bodily harm to the victim, except by discharging a firearm
  • The accused behaves in a manner that threatens or endangers the life of another
  • The accused commits the criminal sexual assault while committing or attempting to commit some other felony offense
  • The victim is 60 years old or older
  • The victim has a physical disability
  • The accused administers a controlled substance to the victim by injection, inhalation, ingestion, or any other means without the victim’s consent, by threat or deception, or for any non-medical purposes
  • The accused is armed with a firearm
  • The accused discharges a firearm
  • The accused discharges a firearm and seriously injures or kills another person
  • The accused is under 17 years old and commits an act of sexual penetration with a victim who is under nine years old
  • The accused is under 17 years old and uses force or the threat of force to commit an act of sexual penetration with a victim between the ages of 9 and 13
  • The accused commits an act of sexual penetration with a victim who has a severe or profound intellectual disability

Penalties for Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault is typically prosecuted as a Class X felony in Illinois, punishable by six to 30 years in prison. However, sentencing for aggravated criminal sexual assault can be even more severe in certain circumstances, including:

  • If the accused displayed, threatened to use, or used a weapon or dangerous object (other than a firearm) in the course of committing the offense, a mandatory 10 years shall be added to their prison sentence
  • If the accused was armed with a firearm, 15 years are added to their sentence
  • If the accused discharged the firearm, 20 years are added to their sentence
  • If the accused discharged the firearm and injured or killed someone else as a result, 25 years to life are added to their sentence
  • If the accused is convicted of aggravated criminal sexual assault for a second time, after having been previously convicted of a substantially equivalent offense, or after having been previously convicted of predatory criminal sexual assault of a child, they are subject to a term of life imprisonment.

How a Criminal Defense Lawyer Can Help

In addition to potential fines and jail time, a criminal sexual assault conviction can result in the requirement to register as a sex offender, possibly for life. If you have been accused of a sexual assault crime in Illinois, the time to act is now. A knowledgeable local lawyer can help you establish an intelligent legal strategy to defend your rights and protect your name.

Here at Mitchell S. Sexner & Associates LLC, our Chicago defense attorneys have years of experience defending our clients against these allegations. Our team is prepared to begin work on your case and fight relentlessly on your behalf. We believe everyone has the right to fair representation and we work tirelessly to obtain favorable results, including the possibility of having charges reduced or dismissed entirely.

Contact a Sex Crimes Defense Attorney Today

The stakes are high if you’ve been accused of a sex crime in Illinois. That’s why it is essential to seek help from an experienced sex crimes defense attorney. Call Mitchell S. Sexner & Associates LLC at (312) 644-0444 or contact us online today to get clear answers to your questions in a confidential case review.

Written by Mitchell S. Sexner Last Updated : August 2, 2022