Can you beat an Aggravated Criminal Sexual Abuse charge in Illinois? Yes, as was the case for this client. Need help? Work with a seasoned Chicago area sex offense lawyer. Call us at (312) 466-9466.
Our Chicago criminal defense attorneys won a preliminary hearing for a client charged with Aggravated Criminal Sexual Abuse.
Our client's mother hired us about a week before the hearing, which gave us enough time to conduct a thorough interview of her and go to the jail and have an extensive interview with her son. What our Chicago criminal defense attorneys learned through this process helped us win the hearing.
First, our criminal defense lawyers learned that our client was about 4 and years older than the victim. Second, our Chicago criminal defense attorneys learned that the police told our client and his mother that the girl agreed the sex was consensual. The girl's father also told our client's mother this fact. Our Chicago criminal defense attorneys learned many other things, as well, but these facts won the case. Before the hearing our Chicago criminal defense attorneys examined the complaint, and it charged the defendant with having sex with a minor and being at least five years older than the victim.
The prosecutor made the mistake of thinking that our client was five years older than the complaining witness because on the day of the offense she was 13 and our client was 18. But our Chicago criminal defense attorneys pointed out that she was almost 14 and he was barely 18, so the true difference in their ages was 4 years. That led to those charges being dismissed.
The prosecutor then amended the complaint and claimed that the complaining witness could not give knowing consent. However, during her testimony she claimed that she never consented at all. Our Chicago criminal defense attorneys then cross-examined her and got her to admit that she had told the police, the prosecutor, and her own father that she had consented. Caught in a dramatic change in her story, her credibility was gone and the judge found no probable cause. The case was dismissed and our client was free shortly after that.