Few crimes are as abhorred as rape. It goes without saying that prosecutors pursue such matters aggressively and Judges have little patience for those who have been charged. If you are facing accusations of sexual assault then you can be sure that the government will pursue the case aggressively and you need representation. Our Chicago criminal lawyer handles Cook County cases involving rape and sexual assault. Contact our Orland Park office to speak with an attorney.
Michael has over thirty years of legal experience and is a former prosecutor in the State’s Attorney’s office. He believes that everyone is entitled to a quality lawyer regardless of the crime for which they are charged. In addition to providing high quality representation he promptly returns phone calls, quickly responds to emails, and makes himself available to answer questions. Those charged with rape or sexual assault are facing a serious situation and Michael will take it seriously. Contact us today.
ILLINOIS SEXUAL ASSAULT LAW
Rape or sexual assault occurs if one engages in sexual acts with another through force or the threat of force. Charges will also be brought if the victim is unable to understand and consent to the event, if the accused is a family member of the victim and the victim is under 18 years old, or the defendant is over 17 and had a position of authority over the victim. A first offense is a Class 1 felony which carries a sentence of four to fifteen years in prison. If the accused has prior offenses on their record then they will be charged with a Category X felony which carries a sentence of 30-60 years in prison.
Sexual assault cases begin with the defendant entering a plea of guilty or not guilty after their arraignment. If the accused is in custody, and asserts their speedy trial rights, then the matter will go to the jury within 120 days. If the defendant is out of custody then they have a right to trial within 180 days. Such matters often rely on DNA evidence, statements taken from the parties, and other physical evidence. When the case goes to the Jury at trial it will also be important to establish reasons why the victim may be lying (such as if they are trying to gain leverage over an ex or in a child custody case). Hiring a skilled lawyer to assist with the process is crucial.
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Michael J. Brennan is a Chicago criminal defense attorney handling matters related to rape or sexual assault. Michael will use your initial consultation to hear your side of the story and identify issues which must be investigated. He will file Motions with the Court to exclude evidence collected in violation of your Fourth Amendment rights as well as statements taken in violation of your Miranda rights. He will also challenge the admissibility of evidence which was not properly collected or handled incorrectly by law enforcement. Michael is a former prosecutor who is experienced in questioning witnesses and will point out inconsistencies in the victim’s testimony when presenting your case to the jury. You are facing an extremely serious situation and Michael will take it seriously. Contact us today to speak with a lawyer.