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Orland Park Sexual Assault Lawyer
Tinley Park Sex Crimes Defense Attorney for Criminal Sexual Assault and Aggravated Sexual Assault Charges
While the Aggravated Criminal Sexual Abuse and the Criminal Sexual Assault laws in Illinois look somewhat similar at first, the key distinction between the two laws is that Criminal Sexual Assault requires "sexual penetration," while the Aggravated Criminal Sexual Abuse law does not.
The term "sexual penetration" is broad and far reaching. It not only includes contact between an individual's sex organs, but also covers any intrusion, however slight, of any item or object into the sex organ or anus of another.
Moreover, another significant difference between the two offenses includes the imposition of mandatory minimum jail terms for Criminal Sexual Assault. Lastly, Illinois truth-in-sentencing laws require that anyone sentenced to a term of imprisonment for a violation of this law complete at least 85% of the sentence before they can be considered for early release.
The Sentence
BACKGROUND |
SENTENCE |
PRISON TERM |
MAXIMUM FINE |
PROBATION |
First Offense |
Class 1 Felony |
4 to 15 years |
$25,000 |
No |
If previously convicted of the following (or out-of-state offenses that are substantially similar to the following):
|
Class X Felony |
30 to 60 years |
$25,000 |
No |
If previously convicted of the following (or out-of-state offenses that are substantially similar to the following):
|
Class X Felony |
Natural life imprisonment |
$25,000 |
No |
If committed against a family member under the age of 18 and previously convicted of the same offenses (or out-of-state offenses that are substantially similar) |
Class X Felony |
6 to 30 years |
$25,000 |
No |
Sex Offender Registration Requirement?
Yes.
Aggravated Criminal Sexual Assault
Aggravated Criminal Sexual Assault, arguably the most serious sex-based law in Illinois, elevates Criminal Sexual Assault when specific circumstances are coupled with the Criminal Sexual Assault. Additionally, Aggravated Criminal Sexual Assault addresses the use of weapons, and more specifically, firearms, during the commission of the assault.
Aggravated Criminal Sexual Assault firearms-based offenses are subject to the mandatory firearm add-ons, as is the case with many other offenses in Illinois. These add-ons range in years depending on the nature, use of the firearm, and the outcome of the use of the firearm. Along with the firearm enhancements, the law requires that anyone sentenced to prison for a violation of the law must serve a minimum of 85% of the imposed sentence before they can be considered for early release.
The Sentence
TYPE OF AGGRAVATED CRIMINAL SEXUAL ASSAULT |
SENTENCE |
PRISON TERM |
MAXIMUM FINE |
PROBATION |
First Offense |
Class X Felony |
6 to 50 years |
$25,000 |
No |
If second or subsequent conviction and has been previously convicted of the following (or out-of-state offenses that are substantially similar):
|
Class X Felony |
Natural life imprisonment |
$25,000 |
No |
Sex Offender Registration Requirement?
Yes.
Contact Our Will County Sex Crimes Defense Attorney
If you have been accused of committing sexual assault, you will need to determine the best ways to defend against criminal charges while also protecting your personal reputation. Contact our office at 708-966-2408 to arrange a free consultation in your case.