This is the next article in my series on the handling of charges in our state which involve the assault of a minor. My last article discussed what constitutes aggravated assault of a minor in Illinois. It is important to understand that prosecutors will aggressively pursue such charges and judges often show little leniency towards a defendant. Retaining an experienced attorney is an important step towards protecting your rights. In this article, I will be discussing our state’s potential penalties for such charges. If you or a loved one are in need of assistance then contact my office today to speak with a Peoria criminal defense lawyer.
Illinois penalizes the aggravated assault of a minor as a Class X felony
Illinois classifies the aggravated assault of a minor as a Class X felony. This means that the offense will carry a sentence of six to thirty years. These ranges can be enhanced by another twenty-five years if a firearm was involved. Importantly, a defendant may also face additional criminal charges in such a matter. In addition to prison time, one can find themselves with a permanent criminal record. This will make it difficult to secure employment, housing, or to accomplish any other life task that requires the passing of a background check.
A key takeaway from the points above is that one can face numerous counts for what seems as if it is one course of conduct. Defendants are often, for understandable reasons, surprised to see themselves charged with a large number of crimes. This is best explained through an example. Suppose Bob believes that children in the neighborhood have been vandalizing his property. Rather than calling law enforcement, he takes matters into his own hands. He follows the children one evening and enters a convenience store in which they are loitering. Bob drags one of the children, who is twelve years old, outside and breaks his arm in the process of doing so. The store clerk calls 911, and Bob is quickly arrested. Under this scenario, Bob will likely be charged with Burglary as he entered the store with the intention of assaulting the child. He will also face charges for aggravated assault. While the actual charges brought will depend on the specifics of the matter, this example shows how a set of facts can lead to numerous counts.
Just because an individual has been charged with the aggravated assault of a minor, it should not be assumed that they will be convicted of that offense. It is the prosecution’s burden to prove, beyond a reasonable doubt, all elements of the offense. If the prosecution cannot meet this burden then the case will end in an acquittal. Moreover, there are many situations in which the prosecution may agree to a resolution that involves a lesser offense. This may be due to the presence of Miranda violations, search and seizure issues, overly suggestive eyewitness identifications, and more. In other words, one should not feel that there is “nothing they can do” if they have been charged. An experienced attorney can help you to evaluate all of your options.
Contact a Peoria criminal defense lawyer if you are charged with assaulting a minor
If you have been charged with assaulting a minor then contact my office today to speak with a criminal defense lawyer. I recognize the serious nature of such offenses. My office will give your case the attention it both needs and deserves. As a former prosecutor, I am familiar with the workings of our local court system. I pride myself on providing the highest level of service and I look forward to speaking with you. Contact us online or by telephone today.
We also serve clients in 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.