Aggrevated sexual assault 13-17 yrs old is a class 2 felony. Can someone really get probation for that?

Asked over 1 year ago - Wauconda, IL

The case is against a teacher (was) and a 17 year old who has since turned 18. I can't believe you can get probation because of no priors.

Attorney answers (3)

  1. David Alan Zipp

    Contributor Level 11

    1

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    Answered . Unfortunately the short answer is yes probation is a possible sentence. Many factors will go into a sentencing decision. Some of these factors include the facts and circumstances of the case, the testimony at trial or the stipulated facts in a plea negotiation, the personal history of the offender both criminal and potentially psychological, the lasting impact on the victims and the frequency of the crime.

    Not knowing anything about the case and only relying on the small facts you have provided, I would speculate that a Judge would likely weigh the case heavier on a younger victim than a 17 year old as opposed to say the 13 year old you denote in the range of ages.

    I think it fairly safe to presume that in any finding of guilt or with any plea offer, the offender will be required to register as a sex offender henceforth. This registration has a lasting and continuous impact on the life of the offender.

    If you are related to or involved with the victims in this case, please do all you can to make sure these victims cooperate and convey the effect this crime has upon them. The State's Attorney will very much consider the victim impact statement of the victims in their plea deal negotiations. Please make sure that the prosecutor is armed with such information and that communication is on a routine basis.

    Lake County and other Chicagoland counties have highly trained employees of the State's Attorney's Office who work as victim/witness counselors and coordinators. These folks can work wonders to make sure the full story is conveyed to the prosecuting attorneys and in turn to the Judge.

    So yes, the short answer is probation is a possibility as an outcome sentence. The victims in this case may have an ability through communication and cooperation to influence the sentencing process and should make efforts to do so.

    Best of luck in this situation.

    This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and... more
  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . It can happen.

  3. Brendan William Caver

    Contributor Level 7

    Answered . Yes. There are many factors in determining an appropriate sentence in any case including the strength of the People's case and the likelihood of the sentencing judge to weigh other important factors at a hearing.

    Nothing posted on this site is legal advice. Neither does any attorney-client relationship exist as a result of... more

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