Sex Crimes Defense Attorney
Sexual Assault Lawyer Illinois
Sexual Assault Lawyer in Illinois. An allegation of sexual assault is a serious charge that needs to be aggressively defended. Every sexual assault lawyer at Drummond Law believes that everyone is innocent until proven guilty and has a right to a fair trial, despite what public opinion may say. We offer empathetic, expert, tenacious and non-judgmental legal representation and advocacy to individuals accused of sexual assault in Illinois and throughout the Midwest. We take the time to get to know you and the details of your case to develop an effective defense strategy and work tirelessly to see your freedom and reputation kept intact. Call a Drummond Law sexual assault lawyer in Illinois today at 217-388-1103 or contact us online for a free consultation and to achieve the best possible outcome in your case.
Sexual Assault Laws in Illinois
Under 720 ILCS 5/11-1.20, a person commits sexual assault if they commit an act of sexual penetration and:
- Use force or the threat of force;
- Knows that the victim does not understand the act or is not in a state to give consent;
- If the victim is a family member under 18 years old; or
- If the victim is between 13 and 18 years old and the offender is over 17 and holds a position of trust, authority or supervision.
Sexual assault in Illinois is a Class 1 felony, which could lead to up to 30 years in prison. If the alleged offender has previously been convicted of sexual assault, another type of sex crime or exploitation of a child, sexual assault becomes a Class X felony and, if convicted, could serve 30 to 60 years in prison. Any conviction will lead to a being required to register as a sex offender under Section 5-4.5-105 of the Unified Code of Corrections. If the alleged offender is under 18, they will be sentenced based on 730 ILCS 150/2.
Needless to say, being convicted of sexual assault can lead to devastating consequences that, depending on your age, may even mean prison for the rest of your life. That’s why it’s essential to find an Illinois sexual assault lawyer dedicated to fighting for you and defending your rights in court.
Defending a Sexual Assault Charge in Illinois
When your Drummond Law sexual assault lawyer investigates the details of your case, we’ll come up with the best defense strategy in your case. Determining the best strategy will depend on whether you are innocent of the charges or if there is overwhelming evidence of your guilt.
If You’re Innocent of Sexual Assault in Illinois
While it’s estimated that only 2 to 10 percent of sexual assault accusations are false allegations, they do happen. An accuser may file a false charge:
- As an honest case of mistaken identity
- For leverage in custody disputes or a divorce
- For money
- To avoid trouble, for example if a teenager’s parents would be upset or an adult cheated on their spouse
- Payback for a perceived slight
- “Buyer’s remorse” if they later regret the decision
It’s appalling to think that someone would carelessly cause you so much damage with a false accusation, but usually in those cases the evidence is pretty clear and your sexual assault lawyer in Illinois will be able to have the charges dismissed or convince a jury that you could not have done it. We’ll examine DNA evidence, changes or inconsistencies in the accuser’s story, prove that you have an alibi or otherwise show that the evidence just doesn’t add up.
If you and your Illinois sexual assault lawyer argue that the act did occur but that it was consensual, we can help question the reliability of the accuser and that the charges cannot be proved beyond a reasonable doubt.
If Your Odds of Winning Your Sexual Assault Case in Illinois Are Low
If the evidence is stacked against you and it’s highly probably you’ll be found guilty at trial, you still have options to lessen the consequences of being convicted of sexual assault. There are three avenues you and your sexual assault lawyer can take in that case:
- Insanity or Mental Incapacity – Under 720 ILCS 5/6-2, you and your Illinois sexual assault lawyer can claim that at the time of the offense you had a “mental disease,” “mental defect” or mental disability that caused you to be incapable of understanding that what you were doing was wrong. In Illinois, a successful claim of insanity means that you are not criminally responsible for your conduct. If you are found “not guilty by reason of insanity,” you will be sent to a mental institution but avoid jail time.
- Mental Illness – Under the same statute, if you at the time of the offense were suffering from a mental illness that profoundly affected your mood and behavior, you can be found “guilty but mentally ill.” While, according to 730 ILCS 5/5-2-6, a judge is not required to give you a more lenient sentence, but they often consider a lighter sentence or alternative options such as periodic imprisonment.
- A Plea Deal – In order to avoid a lengthy trial, Illinois prosecutors will usually offer a plea deal to a defendant. Your sexual assault lawyer will then negotiate with the prosecutors to get the best possible deal by providing context and telling your side of the story. That may include pleading down to a lesser charge and/or reducing your prison time.
Being under the influence of illegal drugs that you purposefully took would not constitute a valid insanity or mental illness claim.
Whatever the evidence shows, a Drummond Law sexual assault lawyer in Illinois always be straightforward with you and give you all the information you need to make the best decision for yourself and your future.
Sexual Assault Lawyer | Drummond Law
Whether you’re innocent or made a horrible decision, a sexual assault charge does not have to be a life sentence. With the legal representation of a fair, honest and skilled sexual assault lawyer from Drummond Law, you can achieve the best possible outcome in your case. Call a Drummond Law sexual assault lawyer in Illinois today at 217-388-1103 or contact us online for a free case review.