The charge of aggravated criminal sexual abuse occurs when someone commits simple criminal sexual abuse, but under specific conditions that make the crime more serious. The legal definition of criminal sexual abuse is found under 720 ILCS 5/11-1.50
The crime not the same as rape, which involves sexual penetration and is considered criminal sexual assault. For more information on aggravated criminal sexual assault, continue reading here. The wording of the law is intentionally left vague to encompass a number of related behaviors that physically violate an individual’s sexuality. In short, any forced sexual act can be prosecuted.
There are numerous reasons that the charge can be elevated to aggravated criminal sexual abuse, so it is best to consult with a qualified attorney who understands the details and nuances of the law.
A complete chart of the offenses and their penalties can be found under 720 ILCS 5/12-12
Simple criminal sexual abuse is either a Class A misdemeanor or Class 4 felony. They carry punishments of up to 1 year in prison and a fine of $2,500 or up to 3 years in prison and a $2,500 fine, respectively. However, there are many ways that the charge can be elevated to aggravated criminal sexual assault. In this case, the punishment is even more serious and life-altering.
Aggravated criminal sexual abuse is a Class 2 felony, and a conviction results in up to 7 years in prison and $25,000 in fines.
Importantly, apart from all of these potential consequences, anyone convicted of a sex crime must register on the Illinois Sex Offenders Registry for life. The consequences of being on this list are wide-ranging and make even the simplest of every day tasks far more difficult. You will be limited in where you can live, work, and travel, in addition to limitations on social media use and participation in public activities, including religious activities.
If you have been charged with any of the above-mentioned crimes, especially aggravated criminal sexual abuse, it is important not to despair. A competent lawyer has numerous tactics that can be used to potentially dismiss or lessen the charges. In the case of a conviction, it may also be possible to work out a more favorable sentence. For example, parole is a possibility if you have not been charged with a prior conviction.
You have many rights which must be upheld throughout the case from the incident to sentencing. An attorney can ensure that your future is given the best chance for freedom.
Kerr & Schmiege are nationally recognized criminal defense lawyers for DuPage County, including the cities of Wheaton, Naperville, Aurora, Westmont, Oak Brook, and Lombard. Give your future the best chance with our highly skilled defense strategies and understanding of prosecutor tactics. Contact us immediately to ensure your rights are upheld to the fullest extent of the law.
"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."
"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."
"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"