Chicago, IL Sexual Assault Defense Lawyer

Knowledgeable Attorney for Clients Facing Sexual Assault Charges in Chicago, Illinois

Few criminal accusations carry the same level of public shame as sexual assault. Before a person is ever arrested, charged with a crime, or convicted, an accusation can damage their reputation. The consequences become more severe when a person is charged with this offense, and a conviction may lead to a sentence of years or decades in prison, tens of thousands of dollars in fines, and the problems that come with mandatory sex offender registration. Defending against these accusations with the help of an attorney is essential.

At Miranda Law Office, LTD, we provide legal help and representation for people who have been accused of sexual assault and other sex crimes. Attorney Miguel Miranda understands the seriousness of these charges and the ways that they are prosecuted. With over 20 years of experience in these types of cases, he can help determine the ideal defense strategies. Our firm provides legal services in both English and Spanish, and we work to ensure that our clients' rights are protected at all times.

What Constitutes Sexual Assault Under Illinois Law?

Sexual assault is addressed under 720 ILCS 5/11-1.20, and it generally involves sexual intercourse that is committed through force or threats to harm the alleged victim or another party. This charge may also apply in situations where a person is unable to give consent, such as when they are intoxicated or unconscious. Criminal sexual assault is a Class 1 felony, and a person who is convicted of this offense could face a prison sentence ranging from four and 15 years.

The more serious charge of aggravated criminal sexual assault is defined under 720 ILCS 5/11-1.30, and it involves aggravating factors such as the use of a weapon during the offense, the infliction of injuries, or committing the offense with the assistance of one or more other people. The identity of the alleged victim may also lead to elevated charges, including when assault is allegedly committed against someone with a disability or a person over the age of 60. Aggravated criminal sexual assault is a Class X felony, and the sentence for a conviction may range from six to 30 years in prison, although higher sentences may apply in certain cases.

In situations that did not involve sexual intercourse or penetration, sexual abuse charges may apply instead of sexual assault. These cases generally involve contact of a sexual nature other than intercourse, such as unwanted groping either under or over a person's clothing. Accusations of criminal sexual abuse may lead to charges ranging from Class A misdemeanors to Class 2 felonies.

Examples of Situations That Could Lead to Sexual Assault Charges

Sexual assault allegations can arise in a variety of circumstances, including:

• Dating Encounters: A person may face allegations of sexual assault following activity that they believed was consensual, but the other party later claims that they did not or could not consent.
• Domestic Disputes: During contentious divorce or custody battles, one party may accuse the other of sexual assault during their marriage or relationship.
• Incidents Involving Intoxication: The use of alcohol or drugs can affect a person's ability to consent to sexual activity. In some cases, a person may claim that they were given a "date rape" drug or that they were taken advantage of while they were intoxicated.
• Workplace or School Settings: Some cases may involve claims that coworkers, supervisors, teachers, or others engaged in inappropriate behavior.

Sex Offender Registration Requirements

A conviction for sexual assault will require a person to register as a sex offender under the Illinois Sex Offender Registration Act (730 ILCS 150/1 et seq.). A registered sex offender will be required to report to law enforcement on a regular basis for at least 10 years, and certain offenses will require lifetime registration. Certain information will be publicly available on the Illinois Sex Offender Registry, including the person's name, address, photograph, and the specific charges.

Registered sex offenders will face restrictions on where they can live or work, and they may have difficulty finding jobs, obtaining loans, pursuing educational opportunities, or maintaining personal relationships. Any violations of their registration requirements will be considered separate criminal offenses that could lead to additional prison time or other penalties.

Defense Strategies for Sexual Assault Charges

Depending on the circumstances of a case, Miranda Law Office, LTD may be able to use a variety of strategies to challenge charges of sexual assault and defend against a conviction. These strategies may include:

• Consent: Our lawyer may present evidence showing that the sexual activity was consensual and did not involve force, coercion, or other illegal actions.
• False Allegations: Our attorney may show that an accuser had motives to fabricate their claims, such as revenge, jealousy, or attempts to gain an advantage in family law disputes.
• Mistaken Identity: Our lawyer may be able to challenge limited or unreliable witness testimony to show that there is no reason to believe that the defendant was the person who committed the offense.
• Challenging Forensic Evidence: Our lawyer may question the collection, handling, and interpretation of DNA or other physical evidence.

Contact Our Chicago, IL Sexual Assault Defense Attorney

Charges of sexual assault can be very serious, and your future and freedom may be at stake. You need a strong legal advocate on your side to help you defend against these accusations. At Miranda Law Office, LTD, we will fight to help you achieve the best possible outcome to your case. Call 773-588-3822 or contact our Chicago sexual assault lawyer to arrange a consultation and get the legal help you need.