Chicago Aggravated Criminal Sexual Assault Lawyer

Criminal Sexual Assault Lawyer in Chicago

There are a variety of situations where a person may be charged with sexual assault in Illinois. In some cases, questions of consent may arise following a sexual encounter, and a person may be accused of taking advantage of someone who was intoxicated. In others, a person may be accused of forcibly engaging in sex acts and causing serious injuries. Regardless of the specifics of a situation, it is important to understand the seriousness of criminal charges for sexual assault. A sex crime conviction can lead to severe consequences, including a lengthy prison sentence and lifetime sex offender registration.

If you have been accused of sexual assault in Chicago or Cook County, you will need to take steps to defend against these accusations and the criminal charges you may face. At the Law Offices of James F. DiQuattro, our highly-qualified criminal defense lawyer can guide you through the legal process while ensuring that all of your rights are protected. From filing motions to negotiating plea agreements, our skilled attorney will ensure that every aspect of your case is handled appropriately while working to minimize any potential penalties that may affect you. We will explore all available avenues to ensure that you can achieve the best possible outcome in your case.

Criminal Sexual Assault Under Illinois Law

The offense of criminal sexual assault may apply if someone has been accused of engaging in sexual intercourse in one of the following situations:

• The alleged offender used force against the alleged victim or threatened to do so.
• The alleged victim was incapable of giving consent, such as when a person was intoxicated or unconscious, or the alleged victim did not understand the nature of the sexual acts, such as when a person had a mental disability.
• The alleged victim was a family member of the accused who was under the age of 18 at the time of the offense.
• The alleged victim was between the ages of 13 and 18, and the alleged perpetrator was at least 17 years old and was in a position of authority over the victim, such as a coach or teacher.

The minimum charge for criminal sexual assault is a Class 1 felony, and a conviction may result in a prison sentence of four to 15 years, as well as a maximum fine of $25,000. A second conviction of criminal sexual assault is a Class X felony, and depending on the nature of the offense and the previous conviction, a sentence of 30 and 60 years or even life in prison may be imposed.

Aggravated Criminal Sexual Assault

Certain circumstances may make a sexual assault charge more serious. The offense of aggravated criminal sexual assault may apply in the following situations:

• The offender allegedly carried or threatened to use a firearm or other deadly weapon when committing sexual assault.
• The victim allegedly suffered bodily harm, which may include injuries such as cuts, bruises, or broken bones.
• The offender allegedly acted in a way that endangered the life of the victim or another person.
• The offender allegedly committed sexual assault while engaging in other felony offenses.
• The alleged victim was over the age of 60, had a physical disability, or had a severe intellectual disability.
• The offender allegedly administered "date rape" drugs or other controlled substances to the victim without their consent, causing them to be unable to consent to sexual acts.
• An offender who was under the age of 17 allegedly engaged in sexual intercourse with a child under the age of nine.
• An offender who was under the age of 17 allegedly engaged in sexual intercourse with a child between the age of nine and 13 and used force or threatened to do so.

Aggravated criminal sexual assault is charged as a Class X felony, which carries a sentence of six to 30 years in prison and a minimum $25,000 fine. However, between 10 and 25 years may be added to a sentence if an offense allegedly involved certain elements, such as discharging a firearm. A second conviction after being convicted of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault will typically result in a life sentence.

Contact Our Chicago Sexual Assault Attorney

At Law Offices of James F. DiQuattro, we are committed to protecting your rights and helping you achieve the best possible outcome in your case. We understand that when you are accused of sexual assault, you may be treated as if you are guilty by law enforcement officials and the general public. However, everyone should be presumed innocent until they are proven guilty beyond a reasonable doubt. Contact us today by calling 312-627-9482 to schedule a free consultation and get the compassionate legal guidance you need.