Aggravated Criminal Sexual Assault
The Defendant was charged with Aggravated Criminal Sexual Assault. In Illinois this is the crime of rape and is a Class 1 Felony that is punishable by 4-15 years in prison as well as mandatory registration as a convicted sex offender. The Defendant, a senior in high school, was alleged to have forcibly raped a freshman girl while on a date. It was the Defendant’s position that the sex was consensual and that the reason that the girl was making the accusation was that she had gotten into trouble with her mother and created this accusation to deflect from her own problems. The Defendant in fear of going to prison and spending the rest of his life as a convicted sex offender, immediately hired Chicago Criminal Defense Lawyer Michael P. Schmiege to represent him.
A preliminary hearing was held in this case. A preliminary evidentiary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. In the United States, the judge must find there is probable cause that a crime was committed. At this hearing the alleged victim testified and was cross-examined by Chicago Criminal Attorney Michael P. Schmiege. During the cross-examination Mr. Schmiege poked numerous holes into the story the young girl was telling. After the testimony Mr. Schmiege argued to the judge that the girls’ testimony was inconsistent and simply not credible. As a result of that cross-examination the judge made a finding of no probable cause and the case was dismissed by the Cook County State’s Attorney’s Office and the Defendant went home a free man without the fear of prison and without having to register as a sex offender for the rest of his life.
Contact a Chicago Criminal Defense Attorney today if you are facing an investigation or have been charged for rape or criminal sexual assault in Illinois.