Charged with Aggravated Criminal Sexual Assault? Chicago Criminal Defense Lawyer Andrew M. Weisberg Can Help
A charge of aggravated criminal sexual assault is among the most serious offenses in Illinois. Under 720 ILCS 5/11-1.30, a conviction carries a mandatory prison sentence of 6 to 30 years for each count, with a possible maximum of 120 years in the Illinois Department of Corrections. Fines can reach up to $25,000, and every conviction requires lifetime sex-offender registration—a penalty that affects your employment, housing, travel, and personal relationships permanently.
Because the consequences are so severe, even an accusation demands an immediate, strategic defense. Cook County prosecutors are now pursuing these cases more aggressively than ever. Since the new State’s Attorney took office in December 2024, plea deals and probationary outcomes have become increasingly rare. Prison time has become the default offer, even for first-time offenders.
If you are accused of aggravated criminal sexual assault, you need a highly skilled and determined defense attorney at your side. Andrew M. Weisberg, a former felony prosecutor in both Cook County and Will County, understands the strategies the State uses—and how to challenge them effectively.
Call him directly at (773) 908-9811 for a free, confidential consultation. Andrew is available 24 hours a day to begin protecting your rights.
Chicago Sex Crimes Lawyer Andrew M. Weisberg: The Aggressive Defense You Need
Criminal sexual assault involves allegations of using force or threats to compel sexual acts. The charge becomes aggravated when certain aggravating circumstances exist, such as:
-
The alleged victim sustains great bodily harm or permanent injury
-
A weapon was used or displayed during the incident
-
The alleged victim was underage or had a disability
-
The accused held a position of trust or authority over the alleged victim
Under the Cook County State’s Attorney’s current policies, prosecutors treat such cases with heightened scrutiny. When aggravating factors are present—particularly weapons or injury—leniency and plea negotiations are now rare.
Andrew M. Weisberg has successfully defended clients accused of aggravated criminal sexual assault by exposing weaknesses in the prosecution’s evidence, challenging the credibility of witnesses, and identifying constitutional violations during investigation or arrest.
Defending Clients Against Aggravated Criminal Sexual Assault and Related Charges
In many cases, prosecutors file multiple sex-offense counts arising from the same incident. Andrew M. Weisberg has extensive experience defending against a wide range of sex crime charges, including:
-
Criminal Sexual Assault – 720 ILCS 5/11-1.20
-
Aggravated Criminal Sexual Assault – 720 ILCS 5/11-1.30
-
Criminal Sexual Abuse – 720 ILCS 5/11-1.50
-
Aggravated Criminal Sexual Abuse – 720 ILCS 5/11-1.60
-
Predatory Criminal Sexual Assault of a Child – 720 ILCS 5/11-1.40
-
Public Indecency – 720 ILCS 5/11-9
-
Prostitution and Related Offenses – 720 ILCS 5/11-14
Each of these charges carries its own severe penalties. Andrew M. Weisberg’s approach is to analyze every detail—how the investigation began, how evidence was obtained, and whether witness statements align with forensic proof—to craft a focused, individualized defense.
A Former Prosecutor Who Knows How to Fight for You
Andrew M. Weisberg’s background as a felony prosecutor provides a rare advantage for his clients. He understands how law enforcement and prosecutors approach sex crime cases—how they interview witnesses, select charges, and present evidence at trial. Using this insider perspective, he builds defenses designed to anticipate and counter every prosecutorial move.
When facing an allegation as serious as aggravated criminal sexual assault, timing and precision are everything. Acting quickly allows Mr. Weisberg to protect your rights, preserve evidence, and position your case for the strongest possible outcome.
How Andrew M. Weisberg Builds a Powerful Defense
Clients of Andrew M. Weisberg receive direct communication and hands-on attention. His defense strategy typically includes:
-
Conducting an independent investigation of the allegations
-
Challenging unreliable or unlawfully obtained evidence
-
Cross-examining witnesses and highlighting inconsistencies
-
Negotiating aggressively with prosecutors for charge reduction or dismissal
-
Preparing every case as though it will go to trial
Whether the goal is dismissal, acquittal, or a reduced charge, Andrew M. Weisberg fights with determination and skill to protect his clients’ freedom and future.
Frequently Asked Questions About Aggravated Criminal Sexual Assault in Illinois
What makes a sexual assault charge “aggravated”?
A sexual assault becomes aggravated when certain factors increase the seriousness of the offense. These may include the use or threat of a weapon, causing bodily harm, committing the offense during the commission of another felony, acting with one or more other offenders, or when the alleged victim is a minor, elderly, disabled, or otherwise unable to consent. The presence of any statutory aggravating factor elevates the charge to a Class X felony.
Is aggravated criminal sexual assault a mandatory prison offense?
Yes. Aggravated criminal sexual assault is a Class X felony in Illinois and carries mandatory prison time. Sentencing ranges generally start at 6 years and can extend up to 30 years or more depending on the subsection charged. Some cases involving children can carry extended sentencing ranges of 30 to 60 years or natural life.
Does a conviction require sex offender registration?
Yes. A conviction requires lifetime sex offender registration with the Illinois Sex Offender Registry. This status severely restricts where you can live, work, or travel, and it carries long-term consequences that impact every area of life. Avoiding a conviction entirely is often the only way to avoid registration.
Can aggravated criminal sexual assault charges be reduced or dismissed?
In many cases, yes. These cases often depend heavily on statements, forensic interviews, and the credibility of the accuser. If the evidence is weak, inconsistent, improperly collected, or constitutionally flawed, charges may be reduced or dismissed. Successful challenges to forensic evidence, DNA interpretation, or investigative methods can also lead to favorable outcomes.
Is physical evidence required for prosecutors to charge aggravated criminal sexual assault?
No. Prosecutors can and frequently do file these charges without physical evidence. Accusations based on statements alone are common, especially in cases involving minors. For this reason, analyzing interviews, timelines, and investigative procedure is critical.
What defenses are available?
Defenses depend on the facts of the case but may include challenging the credibility of the complainant, demonstrating inconsistencies in their story, questioning forensic findings, exposing improper police procedure, asserting alibi, or showing that the conduct does not meet statutory requirements. In some cases, constitutional violations can result in suppression of key evidence.
Should I speak to detectives or DCFS investigators?
No. Any statements you make can be used against you, even if you believe you are innocent or simply trying to explain your side. Police and DCFS interviews are designed to gather admissions or create inconsistencies. You should never speak to investigators without your attorney present.
What if the accuser recants or admits they lied?
A recantation does not automatically end the case. Prosecutors often proceed even when an accuser changes their story. The State may argue the original statement was more credible or that the accuser recanted due to pressure. An attorney must investigate thoroughly and present the recantation properly.
Are aggravated criminal sexual assault cases likely to go to trial?
Many of these cases move toward trial because the stakes are extremely high and the consequences of a conviction are severe. However, strong pretrial motions, strategic negotiation, or forensic challenges can result in favorable resolutions without trial. Each case requires an individualized approach.
What happens if the case involves DNA evidence?
DNA evidence can be powerful, but it is not infallible. Issues may arise with contamination, secondary transfer, outdated testing methods, or improper interpretation. Your attorney should obtain all forensic records and, when necessary, consult experts to challenge questionable findings.
Contact the Law Offices of Andrew M. Weisberg
If you have been arrested or are under investigation for aggravated criminal sexual assault in Chicago or Cook County, do not wait to get help. The earlier you involve an experienced criminal defense lawyer, the stronger your case can be.
Call (773) 908-9811 or submit the Case Review Form on this website for a free and confidential consultation. Andrew M. Weisberg is available 24/7 to discuss your case.
Your freedom, reputation, and future are at stake. Let Andrew M. Weisberg fight for you with the insight, experience, and determination you need.