This is the next article in my series on the handling of charges which involve assault on a minor. My last article discussed handling Illinois aggravated assault of children cases which are based on false allegations. It is important to understand that if the prosecution has elected to proceed with charges, then the matter must be taken very seriously. Failing to do so may result in a prison sentence. An experienced attorney can assist you with determining how to best proceed in any given situation. In this article, I will be discussing possible defenses in such cases. If you need assistance then contact my office today to speak with a Peoria criminal defense lawyer.
There are several issues which may arise in these types of matters. How to best defend against charges will always depend on the specifics of the case and there is no “one size fits all” approach. The possible defenses discussed below are meant to address issues which may arise in certain matters only. Counsel can assist with determining the best strategy for your given case.
An issue that may arise in these types of cases is a violation of the Fifth Amendment’s Miranda protections. Shortly after an altercation, law enforcement will typically wish to speak with all parties involved. If a defendant makes a statement to law enforcement that incriminates them, and their Miranda rights were violated, then it may be possible to keep the statements from being introduced in Court. If the bulk of the prosecution’s claims against a defendant stems from an alleged confession, then such an issue can greatly weaken the case. Depending on the facts, the prosecution may be willing to agree to a lesser charge or to dismiss the matter altogether.
A second issue that may arise is when the arrest was based on an improper eyewitness identification. The US Constitution prohibits law enforcement from obtaining eyewitness identifications through “overly suggestive procedures.” Consider, for example, a case in which an adult is charged with assaulting a youth, and the case largely hinges on the ID made by a third party. Assume that the young person did not get a good view of who attacked them. Under such a scenario, it would be highly difficult for the prosecution to prove the case if the identification were excluded from Court proceedings. While the granting of such exclusions by the Court, are rare, they do occur.
The Fourth Amendment can also come into play in Fourth Amendment cases. If law enforcement seizes phone records, text messages, or computer communications without a warrant then it is possible to have such materials ruled inadmissible. If a prosecutor is depending on such records, in a case where they claim the individual admitted to the assault in communications, the value of excluding them is obvious. The Fourth Amendment involves highly complicated legal issues. Generally, however, a warrant will be required to seize communications.
Finally, it is possible to defend the case at trial. Issues that can be raised before the jury involve claims of self-defense, arguments that the defendant was not aware of the victim’s age, or arguing that the defendant was not the one who committed the assault. While most cases do not proceed to trial, the extensive sentence which one faces for assaulting a minor may necessitate presenting a case to the jury.
If you have been charged with assaulting a minor in Illinois then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who is familiar with the workings of our local court system. I am aware of the serious nature of such charges and my firm will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation. I look forward to speaking with you.
We also serve clients in the Illinois areas of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.