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720 ILCS 5/11-1.20

Criminal Sexual Assault

 

  • Class 1 Felony
  • 4-15 years in prison
  • Register as a Sex Offender for Life
  • Fine up to $25,000
  • Call for more details

 

Understanding Criminal Sexual Assault in Illinois

Criminal sexual assault is one of the most serious offenses under Illinois law, involving non-consensual sexual penetration of another person or sexual conduct under certain illegal circumstances. A conviction for criminal sexual assault can lead to severe legal consequences, including lengthy prison sentences, substantial fines, and mandatory registration as a sex offender. The stigma associated with such a conviction can also have devastating effects on your personal and professional life.

 

What Constitutes Criminal Sexual Assault in Illinois?

Under Illinois law, criminal sexual assault is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/11-1.20. The offense occurs when an individual commits an act of sexual penetration under certain conditions, such as lack of consent, use of force, or when the victim is unable to give legal consent due to age or incapacitation. Key elements of criminal sexual assault include:

 

  • Non-Consensual Sexual Penetration: Engaging in any form of sexual penetration without the other person’s consent.
  • Use of Force or Threats: Engaging in sexual penetration by using force, coercion, or threats against the victim.
  • Sexual Assault of a Minor: Engaging in sexual penetration with someone who is under the legal age of consent, which is 17 in Illinois.
  • Victim Incapacity: Engaging in sexual penetration with a person who is unable to legally consent due to mental incapacity, intoxication, or unconsciousness.

Examples of Criminal Sexual Assault Under 720 ILCS 5/11-1.20

Here are specific examples of criminal sexual assault as defined under Illinois law:

 

  1. Non-Consensual Sexual Penetration
    • Statute: 720 ILCS 5/11-1.20(a)(1)
    • Description: Engaging in sexual penetration with another person without their consent, through the use of force, threats, or when the person is unable to consent.
  2. Sexual Assault of a Minor
    • Statute: 720 ILCS 5/11-1.20(a)(3)
    • Description: Engaging in sexual penetration with someone under the age of 17, regardless of whether they consented.
  3. Sexual Assault by Use of Force
    • Statute: 720 ILCS 5/11-1.20(a)(1)
    • Description: Using force, coercion, or threats to engage in sexual penetration with another person.
  4. Sexual Assault with an Incapacitated Victim
    • Statute: 720 ILCS 5/11-1.20(a)(2)
    • Description: Engaging in sexual penetration with a person who is unable to consent due to mental incapacity, intoxication, or unconsciousness.

Penalties for Criminal Sexual Assault in Illinois

Criminal sexual assault is classified as a Class 1 felony in Illinois, which carries severe penalties. The specific penalties depend on the circumstances of the offense, including the age of the victim, the use of force, and any prior criminal history. Penalties can include:

 

  • Class 1 Felony:
    • 4 to 15 years in prison
    • Fines of up to $25,000
    • Mandatory registration as a sex offender
  • Class X Felony (Aggravated Circumstances):
    • 6 to 30 years in prison
    • Fines of up to $25,000
    • Mandatory lifetime registration as a sex offender

In addition to these legal penalties, a conviction for criminal sexual assault will have significant long-term consequences, including a permanent criminal record, mandatory sex offender registration, and restrictions on where you can live and work.

 

Defending Against Criminal Sexual Assault Charges

If you are facing criminal sexual assault charges in Illinois, it is crucial to seek experienced legal representation immediately. These charges are serious, and the defense strategy must be meticulously crafted to address the specifics of your case. As a seasoned criminal defense attorney, I can help you navigate the legal complexities, protect your rights, and work towards achieving the best possible outcome. Contact me today for a free consultation to discuss your case and explore your legal options.

 

Why Choosing Andrew M. Weisberg is Critical for Your Criminal Sexual Assault Defense

Criminal sexual assault is one of the most serious charges you can face, with life-altering consequences that include long prison sentences, substantial fines, mandatory registration as a sex offender, and irreparable damage to your reputation and personal life. In such high-stakes situations, having a defense attorney with the right experience, expertise, and dedication is absolutely essential.

 

Here’s why Andrew M. Weisberg is the attorney you need for your criminal sexual assault defense:

 

  • Expertise in Sexual Crime Defense: Andrew M. Weisberg has extensive experience defending clients against serious sexual crime charges, including criminal sexual assault. His background as a former Cook County prosecutor equips him with a deep understanding of how the prosecution builds its case, enabling him to craft a defense strategy that anticipates and counters their moves effectively.
  • Strategic and Thorough Defense: Criminal sexual assault cases often involve complex evidence and sensitive testimony. Mr. Weisberg meticulously analyzes every aspect of your case, from the circumstances of the allegations to the reliability of the evidence. His strategic approach is designed to uncover weaknesses in the prosecution’s case and present a strong, well-founded defense.
  • Aggressive Representation in Court: Mr. Weisberg is known for his aggressive and tenacious representation in the courtroom. He vigorously challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure the best possible outcome for his clients, whether that means negotiating a reduction of charges or fighting for an acquittal at trial.
  • Confidential and Compassionate Client Support: Facing criminal sexual assault charges is an incredibly difficult and isolating experience. Mr. Weisberg provides not only expert legal defense but also compassionate and confidential support throughout the legal process. He ensures that your case is handled with the utmost discretion and that you are kept informed and involved at every stage.

When you are facing criminal sexual assault charges, the quality of your defense can determine the rest of your life. Andrew M. Weisberg’s deep expertise, strategic defense planning, and unwavering commitment to his clients make him the right choice to defend your rights, your freedom, and your future.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your criminal sexual assault case and learn how he can help protect your rights and fight for the best possible outcome.