Waukegan, IL Sexual Assault Defense Lawyer

Skilled Attorney Defending Clients Against Charges of Sexual Assault in Waukegan, Illinois

Being accused of sexual assault can come with feelings of panic and dread, considering that a conviction of sexual assault could mean registering as a sex offender, along with a sentence of years in prison. A Waukegan, IL sexual assault defense attorney can guide you through your case and advise you of how to respond to damaging allegations.

As a serious criminal violation, any charge of sexual assault should be treated seriously. Our sex crime defense lawyer at Law Office of Theodore S. Potkonjak can provide you with strong advocacy, fighting hard to minimize the possible penalties or pursue a dismissal of charges based on the facts of your case.

What Is Criminal Sexual Assault?

Criminal sexual assault occurs when a person knowingly commits sexual penetration without the victim's consent. Illinois law defines penetration to include any contact, however slight, into the victim's body by any sexual or foreign object. Consent must be voluntary and can be withdrawn at any time.

The offense is prosecuted as a Class 1 felony, carrying prison terms from four to 15 years and fines up to $25,000. Factors such as use of force, the age of the victim, and prior convictions can influence sentencing within this range. Before trial, defendants often face strict conditions of release, including electronic monitoring and no-contact orders. Violation of these pretrial conditions can result in immediate detention pending trial. It is also worth noting that being charged with criminal sexual assault may bar you from pretrial release under the SAFE-T Act.

Illinois law also distinguishes between criminal sexual assault and misdemeanor sexual abuse. Sexual abuse occurs when there is unwanted sexual contact without penetration, such as fondling or forced touching. These offenses carry up to 364 days in county jail and fines up to $2,500.

Aggravated Criminal Sexual Assault Charges

Aggravated charges apply when an assault includes aggravating factors that raise the offense to a Class X felony. The presence of weapons, the infliction of great bodily harm, or the victim's age under 13 triggers this elevation. Class X convictions carry mandatory imprisonment from six to 30 years with no eligibility for probation.

The law further enhances sentences when certain factors are present. For example, if a firearm was discharged during the commission of the offense, the court will add 25 years to the sentence or life imprisonment.

Upon conviction for any felony sexual offense, the court orders DNA sample collection and fingerprinting. These records enter national law enforcement databases and remain accessible indefinitely. Failure to comply with DNA collection requirements can lead to additional criminal charges.

Collateral Consequences of a Sexual Assault Conviction

A conviction of sexual assault will result in mandatory lifetime registration as a sexual predator in Illinois. Registered individuals must report any change of address, employment, or school enrollment. Public registry access can hinder housing applications and professional licensing opportunities.

Convictions can affect family law matters such as child custody, possibly leading to loss of parental rights or supervised visitation only. The social stigma of a sexual assault record often persists beyond legal penalties, affecting relationships and employment prospects.

Many professional licenses are jeopardized following a sexual assault conviction. Physicians, nurses, educators, and other licensed professionals often face disciplinary proceedings and potential license revocation. Restoration of licensure can take years and may require proof of rehabilitation.

Meet With a Waukegan, Illinois Sexual Assault Defense Attorney

If you have been charged with sexual assault, do not wait to seek legal representation. At Law Office of Theodore S. Potkonjak, we understand the urgency surrounding these cases, and we will valiantly defend you in court. To set up a free initial consultation, call our offices at 847-263-1200 or contact our Waukegan sexual assault defense lawyer. Beyond Waukegan, we represent clients in Lake County, McHenry County, Cook County, and DuPage County. We also have an office in Antioch for residents of western Lake County.