Our client was accused of sexually assaulting a woman he went on a date with after meeting her on the Internet website, Backpage.com. Specifically, our client was charged with four (4) counts of Aggravated Kidnapping, two (2) counts of aggravated criminal sexual assault and two (2) counts of aggravated criminal sexual abuse.
The breakdown of his charges is as follows:
- Aggravated Kidnapping: This charge is NON-PROBATIONABLE.
- Aggravated Kidnapping is a Class X Felony punishable from 6-30 Years in the penitentiary
- If convicted of aggravated kidnapping, Defendant must serve a mandatory minimum sentence of 6 years and must serve a minimum 85% of his sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
- Aggravated Criminal Sexual Assault: This charge is NON-PROBATIONABLE
- Aggravated Criminal Sexual Assault is a Class X Felony punishable from 6-30 Years in the penitentiary.
- These charges require mandatory consecutive sentencing meaning that if the individual is convicted of more than one count, that the sentences imposed on each count would run one after another
- If convicted of aggravated criminal sexual assault, Defendant must serve a mandatory minimum sentence of 6 years and must serve a minimum 85% of his sentence before being eligible for Mandatory Supervised Release (Formerly Known as Parole).
- A conviction on this charge also requires a MANDATORY LIFETIME sex offender registration requirement.
- Aggravated Criminal Sexual Abuse
- Aggravated Criminal Sexual Abuse is a class 2 felony punishable from 3-7 Years in the penitentiary
- 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).
- This charge is probationable. However, a conviction of this charge requires MANDATORY LIFETIME sex offender registration.
After interviewing multiple attorneys and doing his research, the client retained Wigell Criminal Defense to represent him in his serious and complex matter. The Wigell Criminal Defense team immediately began preparing the case.
After analyzing the discovery and conducting a diligent defense investigation, the attorneys at Wigell Criminal Defense were able to develop a theory of defense for trial. The attorneys at Wigell Criminal Defense determined that the incident was a consensual sexual encounter between their client and the complaining witness. She had posted an ad on Backpage.com for a “Sugar Daddy” in exchange for “Time and Companionship.” Time and Companionship was innuendo for money in exchange for sexual favors. The complaining witness was scorned towards the client for “shorting her” on payment for “time and companionship.” She went to the police and fabricated sexual assault allegations.
The Wigell Criminal Defense team of Attorneys and Paralegals determined that this was a case that had to be set for trial. After filing and arguing a series of pretrial motions which resulted in many favorable rulings for our client, the prosecutor made an offer. The prosecutor offered the client sex offender probation. This would require LIFETIME sex offender registration.
This offer was rejected. Raymond Wigell, Senior Trial Attorney of Wigell Criminal Defense continued to negotiate. Further negotiations resulted in the prosecutor reducing her initial offer to a charge with a 10-year requirement of sex offender registration. Reluctant to accept this offer due to the sex offender registration requirement having the potential to ruin his career, Attorney Raymond Wigell continued aggressive negotiations while simultaneously preparing for trial.
After making the prosecutor aware of the multiple weaknesses in the case including credibility issues, the State made an offer which was extraordinary under the circumstances.
In exchange for a plea of guilty on amended felony charges of kidnapping and aggravated battery, the client would be placed on 2 years of probation with a requirement to serve 30 days in Cook County Jail and perform 30 days of SWAP. THIS DISPOSITION AVOIDED PRISON AND AVOIDED REGISTERING AS A SEX OFFENDER.
After discussing the matter in detail with the attorneys of Wigell Criminal Defense and considering all options, the client accepted the offer. The client did not want to risk being found guilty at trial and sentenced to a mandatory minimum of 12 years in prison or more and registration as a sex offender.
This result was best for the client to protect his professional career, avoid a lengthy prison sentence and avoid any registration as a sex offender. We never, never give up.