Aggravated sexual assault claims can upend every aspect of your life. From limited career opportunities, to securing housing, even when accusations are proven false, the stigma behind the claim can still follow you.
When dealing with sexual assault claims, its imperative to have an experienced criminal defense attorney on your side. Navigating these accusations alone could result in worse penalties and punishments. At the JP Law Office, we believe in second chances. Our attorneys are relentless when it comes to justice. We understand the nuances of aggravated sexual assault cases and will fight to protect your rights.
What is Aggravated Sexual Assault?
In Illinois, sexual assault involves sexual penetration under threat or force, where the victim is unable to consent, or if the person holds a position of trust over the victim. Sexual assault is a Class 1 felony, however there are aggravating factors in sexual assault cases that would change the classification to a Class X felony.
Aggravating factors that elevate sexual assault to aggravated sexual assault include:
- Simultaneous commission of another felony: Committing another crime, like robbery or battery, at the same time as the sexual assault.
- Use of a dangerous weapon: Utilizing any object that can cause serious harm, such as a knife or gun.
- Infliction of bodily harm: Causing physical injury to the victim beyond the sexual assault itself.
- Threats to the victim or another individual's life: Verbal or physical threats that put the victim or someone else in fear of their life.
- Victim vulnerability: The victim has a physical handicap, is over the age of 60, or is severely intellectually disabled.
- Offender age and victim age: The offender is under 16 years old, with a victim under the age of 8. Or if the offender is under 16 years old and uses force or threat of force, with a victim between the ages of 9-12.
- Use of a firearm: Either armed with a firearm during the assault, discharging the firearm during the assault, or discharging a firearm that causes bodily harm or death to the victim or another individual.
- Drugging the victim: Administering a controlled substance to the victim without their knowledge or consent.
Each of these aggravating factors will affect the different potential penalties. The specific circumstances of your case will determine the severity of the charges and the possible sentence if convicted. It is crucial to have an experienced criminal defense attorney who understands these nuances and can fight for the best possible outcome.
What are the Penalties for Aggravated Sexual Assault in Illinois?
Aggravated sexual assault in Illinois is considered a Class X felony, which means mandatory prison time. Probation for a Class X felony is absolutely prohibited and expungement is rarely seen.
Class X felonies carry potential fines of up to $100,000, along with:
- Restrictions on certain professions
- Difficulty finding housing or living in certain locations
- Cannot own or possess a firearm
- Inability to participate in certain government programs
- Loss of voting rights while on parole
As far as sentencing goes, the first conviction for aggravated sexual assault in Illinois ranges from 6-30 years in prison. However, if a firearm was used during the sexual assault, an additional 15 years to life may be added to your sentence. Any subsequent offense for aggravated sexual assault comes with a sentence of natural life in prison without probation.
Illinois also requires those convicted of aggravated sexual assault to register as a sex offender on the Illinois Sex Offender Registry.
Common Defenses Against Aggravated Sexual Assault Charges
Being accused of a sex crime in Illinois can have devastating consequences, even if the allegations are false. It's crucial to understand your rights and the potential defenses available to you. At the JP Law Office, we provide dedicated representation for individuals who have been accused of or are facing sex crime charges in Bloomington, Illinois. Attorney Jennifer Patton has over 30 years of experience and is unafraid to take your case to trial.
Possible defenses for aggravated sexual assault include:
- False Accusation: This can be used when the accusation is completely untrue, possibly motivated by malice, revenge, or other personal reasons.
- False Identification: The accuser has mistakenly identified you as the perpetrator. This may happen due to poor lighting, a brief encounter, or other factors affecting witness perception.
- Consent: The sexual activity was consensual, meaning the accuser willingly and knowingly participated.
- Constitution Rights Violation: This includes everything from unreasonable search and seizure, entrapment, or police misconduct.
- Lack of Evidence: The prosecution lacks sufficient evidence to prove the charges beyond a reasonable doubt.
Our Approach to Aggravated Sexual Assault Defense
At the JP Law Office, we understand how quickly aggravated sexual assault claims can negatively impact your life. Our approach is rooted in aggressive advocacy, investigation and unwavering support. We tailor all of our defense strategies to fit each person’s case. There is no one size fits all solution in the courtroom.
Whether it’s negotiating with the prosecution for reduced charges or fearlessly fighting for your innocence in court, Attorney Jennifer Patton is committed to protecting your rights and securing the best possible outcome. Contact the JP Law Office today to get started on your free, confidential consultation.
Aggravated Sexual Assault FAQs
What is the difference between sexual assault and aggravated sexual assault?
Sexual assault typically involves non-consensual sexual contact or behavior, such as coercion, force, or lack of consent. Aggravated sexual assault, on the other hand, is a more severe charge that includes additional factors like the use of a weapon, causing serious bodily harm, targeting a minor or elderly victim, or acting with multiple offenders. These added elements make aggravated sexual assault a harsher offense with more severe penalties.
What are examples of aggravated sexual assault?
Examples of aggravated sexual assault include, but are not limited to:
- Sexual assault involving a weapon, such as a knife or firearm.
- Assault against a victim who is incapacitated, unconscious, or unable to resist due to drugs or alcohol.
- Non-consensual sexual activity that results in serious physical injury to the victim.
- Sexual offenses committed against a victim under a certain age, like a minor.
- Cases where the perpetrator threatens the victim’s life or uses extreme force during the assault.
What should I do if I am accused of aggravated sexual assault?
If you are accused, it is crucial to:
- Remain calm and avoid making any statements or admissions to law enforcement or others.
- Seek immediate legal representation from a qualified attorney experienced in criminal defense, particularly sexual assault cases.
- Avoid discussing the accusation with anyone other than your attorney.
- Gather any evidence or documentation that could support your defense, as your attorney advises.
- Follow all legal procedures and your lawyer’s guidance closely to protect your rights.
Will I have to register as a sex offender if convicted?
The short answer is yes. A conviction for aggravated sexual assault requires registering as a sex offender.
Can aggravated sexual assault charges be reduced or dismissed?
While aggravated sexual assault is a serious charge, it is possible for charges to be reduced or dismissed in some cases. This often depends on the strength of the evidence, potential weaknesses in the prosecution’s case, and the effectiveness of your legal defense. Attorneys may negotiate plea deals, challenge evidence, or argue procedural errors to achieve a more favorable outcome. Each case is unique, so consulting with a skilled attorney is vital to understand your options.
