Experienced Criminal Defense Attorney Defending Clients against Sex Crimes Charges
There may be no category of crime that carries a stronger stigma or has the potential to do more damage to your reputation than sex crimes. Even the mere accusation of a sex crime can cause your closest friends to question everything they know about you. A conviction for any sex crime can do irreparable harm to your future and earn you a permanent spot on the Illinois sex offender registry, among other penalties. If you have been accused of any type of sex offense, you should seek the advice of an experienced criminal defense lawyer immediately.
Criminal sexual abuse and assault in Illinois pose some of the most serious charges someone can get charged with. Unlike charges such as retail theft, DUI, or weapons possession, there is a victim that is making the accusation that they were harmed, and that the defendant was the cause of that harm. To make matters worse, there is also a stigma associated with a sexually based charge and people feel hopeless defending themselves against an unspeakable crime. A person faced with such charges needs to consult with an attorney immediately and refrain from making any potentially harmful statements to law enforcement.
Criminal Sexual Abuse
Criminal Sexual Abuse is codified in 720 ILCS 5/11-1.50 and states that it occurs if the person commits an act of sexual conduct by the use or threat of force or commits an act of sexual conduct and the victim is unable to understand the nature of the act or give consent. This will give rise to a charge of a class 4 felony, punishable by 1-3 years in the Illinois Department of Corrections. This applies only for first offenders. Subsequent offenses will result in a higher class felony and other circumstances can lead to a charge of Aggravated Criminal Sexual Abuse.
Criminal sexual abuse can be a class A misdemeanor under two circumstances:
- If the defendant is under 17 years old and commits sexual penetration or conduct with a victim who is between 9 and 17 years old. 720 ILCS 5/11-1.50(b).
- If the defendant commits sexual penetration or conduct with a victim who is at least 13 years old but under 17 years old and the defendant is less than 5 years older than the victim. 720 ILCS 5/11-1.50 (c).
Aggravated Criminal Sexual Abuse
Aggravated criminal sexual abuse is criminal sexual abuse plus any of the following aggravating factors:
- Dangerous weapon
- Bodily harm
- Victim over 60 years or over
- Victim physically handicapped
- Threatening life of victim or other
- Commission of other felony
- Accused delivery of any controlled substance to the victim.
These circumstances will increase the penalty to a class 2 felony, punishable by 3-7 years in the Illinois Department of Corrections.
Criminal Sexual Assault
Criminal Sexual Assault is codified in 720 ILCS 5/11-1.20 and states that it occurs if the person commits an act of sexual penetration and either uses force or threat of force, does not have consent, if a family member under 18, or is 17 and holds a position of trust or supervision over the victim between 13 and 18 years old. This is a class 1 felony punishable by 4-15 years in the Illinois Department of Corrections for a first offense. A second or subsequent conviction is a class X felony punishable from 6-30 years or natural life mandatory incarceration.
Chicago Sex Crimes Lawyer Defending Against Sex Crimes Charges in Illinois
Sex offenses are taken very seriously by prosecutors even when the evidence is scant. In most, but not all cases, the offenses involve only two people. There are no other eye witnesses and the evidence used in court is typically the victim’s testimony and DNA evidence. Denial is one defense strategy. If you are being accused of criminal sexual abuse or assault and there is no scientific evidence to prove that it occurred, the State will have to rely solely on the testimony of the victim. If however, scientific evidence proves that a sexual act occurred, the defense will often hinge on the issue of consent. Either way, the majority of sexual abuse and assault cases are based largely on the testimony of the alleged victim.
There is a lot at stake in a case involving an alleged sex offense, and Sami takes his obligation to his clients very seriously. You can rely on him to do everything in his power to beat the charges against you. He will work to uncover any false allegations and work to clear your name so that you can begin to restore your reputation.
You can expect attentive, creative and quality legal representation in sex crime charges, including:
Free Consultation with a Chicago Defense Lawyer
Contact Sami Azhari today to discuss your sex crimes charge and learn more about what he can do to help you. If you would like to reach Sami quickly and directly, please call his cell phone 24/7 at (312) 626-2871 or (847) 255-2100. The consultation is free. For your convenience, weekend appointments are available.