Our client, a successful businessman, was charged with Aggravated Criminal Sexual Abuse. Specifically, a 12 year old friend of his daughter accused our client of touching her in an inappropriate sexual manner one night during a sleepover.
The charge of Aggravated Criminal Sexual Abuse is broken down as follows:
- Aggravated Criminal Sexual Abuse
- Aggravated Criminal Sexual Abuse is a class 2 felony punishable from 3-7 Years in the penitentiary (Illinois Department of Corrections)
- An individual convicted of Aggravated Criminal Sexual Abuse must serve at least 50% of their sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
- A conviction of this charge requires MANDATORY LIFETIME SEX OFFENDER REGISTRATION.
Fearful of the implications this charge could have on his future, career and family; the client hired Wigell Criminal Defense to represent him. After a detailed and methodical review of the discovery and multiple meetings with the client, it was determined that the State’s case had multiple weaknesses and the case should be taken to trial.
As the case progressed, the Assistant State’s Attorney assigned to the case filed a 115-10 Motion. This type of motion is typically filed to allow certain statements admitted into evidence at a trial which would be normally considered hearsay. Hearsay can be defined as a statement made by someone not testifying in court that to be used as evidence to show that a defendant committed a crime (the truth of the matter asserted). Hearsay is typically prohibited from being introduced as evidence at trial outside of various exceptions enumerated in the law. In this case, Illinois law has a Statutory exception under 725 ILCS 5/115-10 that allows for out of court statements in cases involving a physical or sexual act perpetrated against a child who is under the age of 13. This allows “outcry” witnesses to testify in court to an out of court statement the child made to them.
In our client’s case, the complaining witness made an “outcry statement” to two witnesses regarding the alleged sexual touching she accused our client of committing against her. The attorneys of Wigell Criminal Defense acknowledged the filing of this motion and indicated their opposition to the motion and the intention of taking the case to jury trial.
While preparing for the 115-10 Motion Hearing and trial, Wigell Criminal Defense continued to negotiate. After significant negotiations, the assistant state’s attorney agreed to reduce the felony charge of Aggravated Criminal Sexual Abuse to a misdemeanor charge of battery. Thus, all sex charges were eliminated. THIS RESULT ELIMINATED A FELONY CONVICTION AND LIFETIME SEX OFFENDER REGISTRATION.
The client accepted the offer without hesitation. The client was grateful for the all the hard work and dedication the attorneys and staff of Wigell Criminal Defense put into his case. This result protected his career and ultimately saved his future. Additionally, the client will be eligible to have the misdemeanor battery conviction sealed after the requisite waiting period has passed.