If you are being investigated or have been charged with sexual assault in Des Plaines, IL, the decisions you make now can have a lasting impact on your future.
An experienced Des Plaines, IL sexual assault defense lawyer can help protect your rights, guide you through each stage of the legal process, and develop a defense strategy tailored to your situation.
At Combs Waterkotte, we defend individuals accused of sexual assault and other sex offenses in Des Plaines and across Illinois. Whether you are being investigated or have already been charged, early legal guidance in Des Plaines, IL, can significantly impact the outcome of your case. Contact us online or call (314) 900-HELP today to begin building your defense.
Cases Handled
Over 10,000
Jail Days Saved
Over 1 Million
Google Reviews
500+ Perfect
Legal Experience
Over 80 Years
What You’ll Find on This Page:
- How early involvement from an Des Plaines, IL sexual assault defense attorney can influence the direction of your case
- What qualifies as criminal sexual assault under Illinois law, and how consent and force are evaluated
- How different charges compare, including aggravated offenses and cases involving minors in Des Plaines, IL
- The penalties you could be facing in Des Plaines, IL, from incarceration to mandatory registration
- Steps to take if you are being investigated or formally charged in Des Plaines, IL
- How Des Plaines, IL defense lawyers challenge and fight back against allegations
- Situations in Des Plaines, IL where charges may be reduced, dismissed, or resolved through negotiation
Legal Videos
How Can I Prove My Innocence if Accused of Sexual Assault in Illinois?
How Can I Prove My Innocence if Accused of Sexual Assault in Illinois? Facing sexual assault charges in the state of Illinois? Attorneys Joshua Boardman and Andrew Russek from Combs Waterkotte …
Can I Be Arrested for Sexual Assault Without Evidence in Illinois?
Can I Be Arrested for Sexual Assault Without Evidence in Illinois? Facing sexual assault charges in the state of Illinois? In this video, Combs Waterkotte attorneys Joshua Boardman and Andrew …
What Are Effective Defense Strategies in Sex Crime Cases in Illinois?
What Are Effective Defense Strategies in Sex Crime Cases in Illinois? Facing sex crime charges in the state of Illinois? Attorneys Joshua Boardman and Andrew Russek from Combs Waterkotte discuss …
What Are the Penalties for Sexual Assault in Illinois?
What Are the Penalties for Sexual Assault in Illinois? Facing criminal charges in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses the possible penalties for a sexual …
What Should I Do if I’m Accused of Sexual Assault in Illinois?
What Should I Do if I'm Accused of Sexual Assault in Illinois? Facing sexual assault charges in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need …
What Penalties Apply To Federal Sex Crime Convictions?
What Penalties Apply To Federal Sex Crime Convictions? Andrew Russek and Chris Combs from Combs Waterkotte federal criminal defense firm discuss potential penalties related to federal sex crime …
How Can I Prove My Innocence if Accused of Sexual Assault in Illinois?
How Can I Prove My Innocence if Accused of Sexual Assault in Illinois? Facing sexual assault charges in the state of Illinois? Attorneys Joshua Boardman and Andrew Russek from Combs Waterkotte …
Can I Be Arrested for Sexual Assault Without Evidence in Illinois?
Can I Be Arrested for Sexual Assault Without Evidence in Illinois? Facing sexual assault charges in the state of Illinois? In this video, Combs Waterkotte attorneys Joshua Boardman and Andrew …
What Are Effective Defense Strategies in Sex Crime Cases in Illinois?
What Are Effective Defense Strategies in Sex Crime Cases in Illinois? Facing sex crime charges in the state of Illinois? Attorneys Joshua Boardman and Andrew Russek from Combs Waterkotte discuss …
What Are the Penalties for Sexual Assault in Illinois?
What Are the Penalties for Sexual Assault in Illinois? Facing criminal charges in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses the possible penalties for a sexual …
What Should I Do if I’m Accused of Sexual Assault in Illinois?
What Should I Do if I'm Accused of Sexual Assault in Illinois? Facing sexual assault charges in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need …
What Penalties Apply To Federal Sex Crime Convictions?
What Penalties Apply To Federal Sex Crime Convictions? Andrew Russek and Chris Combs from Combs Waterkotte federal criminal defense firm discuss potential penalties related to federal sex crime …
Why Acting Fast After a Sexual Assault Accusation in Des Plaines, IL Matters
What you do in the early stages after an accusation in Des Plaines, IL can shape everything that follows.
Law enforcement may already be collecting evidence, interviewing witnesses, and attempting to obtain statements that could later be used against you. Once formal charges are filed in Des Plaines, IL, your legal options may become more limited.
Working with an experienced Des Plaines, IL sexual assault defense attorney as early as possible allows you to:
- Avoid saying anything that could be used against you later
- Preserve key evidence such as communications and digital records
- Spot weaknesses or inconsistencies in the accusations
- Push back against mistakes in the investigation
- Possibly prevent charges from being filed at all
Waiting and hoping things work out can make your situation worse. The sooner you have a defense lawyer in Des Plaines, IL, the more options and protection you have.
Cook County Resources
Below are quick links to important websites that may assist you with your legal matters in Cook County and Illinois.
- Illinois Criminal Defense Resources
- Illinois Criminal Defense Practice Areas
- Illinois Compiled Statutes
- Illinois Courts
- Illinois Supreme Court Rules
- Illinois Secretary of State
- Illinois State Police
- Illinois Department of Corrections
- Cook County Website
- Cook County Court
- Cook County Jail
- Cook County Sheriff’s Office
- Christopher Combs
- Steven Waterkotte
Understanding the Legal Definition of Sexual Assault in Illinois
Under 720 ILCS 5/11-1.20, criminal sexual assault in Des Plaines, IL typically involves sexual penetration that occurs without consent. This may include situations involving force, threats, or circumstances where an individual is unable to legally consent.
The law defines “sexual penetration” broadly. It’s not limited to intercourse and can include other forms of physical intrusion involving a body part or object.
In Des Plaines, IL, a person may face criminal sexual assault charges if:
- Force or threats are alleged
- The other person was unable to consent due to intoxication, drugs, or mental condition
- The alleged victim is a family member under 18 years old
- You are 17 or older, in a position of authority, and the alleged victim is between 14 and 17
Aggravated Criminal Sexual Assault
Under 720 ILCS 5/11-1.30, aggravated criminal sexual assault in Des Plaines, IL applies when certain circumstances increase the severity of the alleged offense, resulting in more serious charges and harsher penalties.
Common aggravating factors in Des Plaines, IL include:
- The use or display of a weapon, or causing bodily harm
- Making threats against the victim or another person
- Committing the act while carrying out another crime, such as burglary
- The alleged victim being 60 or older, or having a physical or mental disability
- Administering drugs or substances without consent (such as spiking a drink)
- The accused being under 17 and the alleged victim under 9
- The accused being under 17, the alleged victim between 9 and 12, and force or threats are involved
Predatory Criminal Sexual Assault of a Child
Under 720 ILCS 5/11-1.40, predatory criminal sexual assault of a child in Des Plaines, IL involves allegations that an adult engaged in sexual conduct with a minor of a certain age.
A person may face this charge in Des Plaines, IL if:
- The child is under 13 years old
- You are 17 or older
- The alleged conduct includes sexual penetration or sexual contact involving intimate areas
Because Illinois law recognizes that children under 13 cannot legally give consent, prosecutors do not need to establish force, threats, or resistance to pursue this charge in Des Plaines, IL.
Why Hire Combs Waterkotte for Sexual Assault Defense in Des Plaines, IL
When you’re facing high-stakes criminal charges, the experience and approach of your Des Plaines, IL criminal defense attorney can have a significant impact on the outcome of your case. At Combs Waterkotte, we have handled thousands of cases throughout Des Plaines and across Illinois, bringing the knowledge and strategy needed to protect your rights.
What sets our team apart in Des Plaines, IL and beyond:
- Proven Experience and Legal Knowledge
With more than 80 years of combined experience and over 10,000 cases handled, we know how to take on complex criminal charges. Our work in Des Plaines, IL gives us the insight needed to build a focused and effective defense.
- Clear Communication and Client Support in Des Plaines, IL
We make communication a priority. You’ll receive consistent updates, straightforward answers, and guidance at every stage of your Des Plaines, IL case. Because we don’t bill hourly, you can reach out whenever you need clarity or reassurance.
- Thorough Case Preparation and Strong Resources
Our team collaborates with investigators, experts, and support staff to build a comprehensive, evidence-driven defense tailored to your situation. Wherever your case arises in Des Plaines, IL, we have the resources to support a strong defense.
- Always Ready to Go to Trial
We prepare every Des Plaines, IL case as though it will go to trial. This approach strengthens our position in negotiations and ensures you are fully prepared if your case proceeds to court.
Clients in Des Plaines, IL and beyond trust our preparation, responsiveness, and commitment to achieving the strongest possible outcome in serious cases.
What You Could Face After a Sexual Assault Conviction in Des Plaines, IL
Under Illinois law, a first-time criminal sexual assault offense in Des Plaines, IL is typically charged as a Class 1 felony. A conviction may result in 4 to 15 years of imprisonment, along with mandatory sex offender registration.
That said, Des Plaines, IL sexual assault penalties can become significantly more severe depending on the circumstances of the case:
- If there is a prior conviction involving a sex offense or child exploitation, the charge may be upgraded to a Class X felony, carrying a mandatory sentence of 30 to 60 years.
- Prior convictions for aggravated or predatory sexual assault offenses may lead to a life sentence without the possibility of parole.
Collateral Consequences of a Sexual Assault Conviction in Des Plaines, IL
A sexual assault conviction in Des Plaines, IL doesn’t end when the case is over. The consequences often extend far beyond prison time or fines and can affect your life for years, decades, or longer.
These are often referred to as collateral consequences, and they can influence nearly every part of your life, both personally and professionally, in Des Plaines, IL.
They can affect areas such as:
Employment and Career Limitations in Des Plaines, IL
A sexual assault conviction can create serious challenges when it comes to securing or maintaining employment. Employers in Des Plaines, IL and surrounding areas frequently run background checks, and a felony, particularly for a sex offense, can prevent you from being considered for many roles.
You may also experience:
- Losing your current job
- Fewer career options in the future in and around Des Plaines, IL
- Being blocked from positions that require trust or licensing
Sex Offender Registration in Illinois
Many convictions in Des Plaines, IL require you to register as a sex offender under Illinois law. This requirement can last for years, or even for life.
This requirement may include:
- Regular reporting to law enforcement
- Public listing on a searchable registry
- Restrictions on housing and employment locations
- Limitations on contact with certain individuals, including minors
Housing Limitations in Des Plaines, IL
Finding stable housing can become significantly more difficult after a conviction. Many landlords conduct background checks and may deny applications based on criminal history.
Also, registry-related restrictions may further limit where you are allowed to live in Des Plaines, IL.
Des Plaines, IL Professional Licenses
If you hold a professional license in Des Plaines, IL, like in healthcare, education, or skilled trades, a conviction can result in suspension or revocation.
It may also create significant barriers when applying for new licenses or certifications.
Custody and Visitation Concerns in Des Plaines, IL
A conviction can directly impact your ability to maintain custody or visitation. Courts may view the situation as a risk to the child, even if the case is still ongoing.
Loss of Key Rights
A conviction can result in the loss of certain rights in Des Plaines, IL, including:
- Owning or possessing firearms
- Travel limitations, as some countries restrict entry based on criminal history
- Voting in certain situations
What to Do After a Sexual Assault Allegation in Des Plaines, IL
If you’ve been accused or arrested in Des Plaines, IL, what you do next can directly impact your case. Early mistakes can make your situation worse, fast, while the right steps can help protect your future.
To protect yourself in Des Plaines, IL:
- Avoid speaking with law enforcement without an attorney present. Even statements made in good faith can be misunderstood or used against you.
- Hire an experienced Des Plaines, IL sexual assault defense attorney immediately. Early legal involvement allows your lawyer to handle communications, address bail concerns, and begin building your defense.
- Do not contact the alleged victim. Any communication, whether to explain or defend yourself, can be misinterpreted and may complicate your case.
- Preserve all potential evidence. Save messages, emails, social media communications, call logs, photos, and location data. Do not delete anything, as even small details may become important in your defense. Identify any witnesses who may support your version of events in Des Plaines, IL.
- Keep your situation private. Talking to others or posting online can seriously damage your case.
Time is critical. The sooner you involve a Combs Waterkotte sexual assault defense lawyer in Des Plaines, IL, the sooner your rights can be protected and your defense strategy can take shape.
Defending Against Sexual Assault Charges in Des Plaines, IL
Building a strong defense against sexual assault allegations in Des Plaines, IL requires a careful, strategic evaluation of the prosecution’s case. This process often involves analyzing the evidence, assessing witness reliability, and identifying any legal or procedural issues that may weaken the case.
Common defense approaches in Des Plaines, IL may include:
Consent Defense
In cases where consent is disputed, your defense attorney may present evidence showing that the interaction was voluntary. This can include text messages, prior communications, or witness testimony that provides important context and supports a consensual narrative.
Questioning the Allegation
Not every allegation is straightforward. Some arise from personal disputes, miscommunication, or outside pressure. An experienced Des Plaines, IL sex crimes lawyer can dig into the details to uncover inconsistencies or reasons the accusation may not be reliable.
Mistaken Identity
In some cases, the wrong person may be accused. Your Des Plaines, IL sexual assault defense team can challenge unreliable identifications, flawed investigative methods, or assumptions that led to an incorrect conclusion.
Excluding Improperly Obtained Evidence
If your rights were violated during the investigation, such as through illegal searches or coercive interrogation, your Des Plaines, IL defense attorney may file motions to have that evidence excluded.
Breaking Down Forensic and Digital Evidence
DNA, medical reports, and digital records aren’t always as reliable as they seem. Your Des Plaines, IL defense lawyer can challenge how this evidence was collected, handled, or interpreted.
Alibi and Location Evidence
Records such as GPS data, surveillance footage, or cell phone activity may demonstrate that you were not at the Des Plaines, IL location when the alleged incident occurred.
Key point: you are not required to prove your innocence. The burden remains on the prosecution to establish guilt in the Des Plaines, IL case beyond a reasonable doubt. An effective defense focuses on raising that doubt.
Can Sexual Assault Charges in Des Plaines, IL Be Reduced or Avoid Trial?
Many sexual assault cases in Des Plaines, IL are resolved before reaching trial. In some instances, the best outcome is achieved during the pre-trial phase through strategic motions and negotiations.
If the case has weaknesses or problems with how it was handled, there may be opportunities to get charges reduced, dismissed, or resolved in the Des Plaines, IL area through a plea agreement.
Circumstances That Can Lead to Dismissal of Sexual Assault Charges in Des Plaines, IL
Charges can sometimes be dismissed in Des Plaines, IL if the case against you is too weak or there are serious issues with how it was handled. This may happen when:
- Insufficient or unreliable evidence
- Witness statements don’t match or are later changed
- There is little or no supporting or forensic evidence
- Violations of constitutional rights, such as unlawful searches or improper interrogations
- Mistakes or misconduct occurred during the case
Early legal intervention in Des Plaines, IL is often critical to identifying these weaknesses and addressing them before the case advances.
When a Plea Deal Might Be an Option in Des Plaines, IL
In some cases, resolving a matter through a negotiated plea agreement in Des Plaines, IL may be an alternative to going to trial. These discussions may involve:
- Reducing the severity or classification of the charges
- Avoiding harsh mandatory sentences
- Narrowing potential sentencing outcomes or long-term consequences
- Bringing the case to resolution without the risks associated with trial
Plea agreements are not appropriate in every case. Any decision should be made only after a thorough evaluation of the evidence and a clear understanding of the possible outcomes.
The Advantage of a Trial-Prepared Defense in Des Plaines, IL
No matter how your Des Plaines, IL case is resolved, prosecutors tend to take cases more seriously when they know your lawyer is fully prepared to go to trial. That level of preparation can influence negotiations and outcomes from the very beginning in Des Plaines, IL.
Additional Des Plaines, IL cases the Combs Waterkotte knowledgeable lawyers handle include:
- Sex Crimes Lawyer Illinois
- Juvenile Crimes Lawyer Illinois
- Violent Crimes Lawyer Illinois
- Domestic Violence Defense Lawyer Illinois
Speak with a Sexual Assault Defense Attorney in Des Plaines, IL Today
If you are under investigation or facing charges for sexual assault in Des Plaines, IL, you do not have to navigate this process on your own.
The attorneys at Combs Waterkotte offer confidential consultations to help you understand your situation, your rights, and your legal options. Taking action early by speaking with a Des Plaines, IL sexual assault defense lawyer can put you in a stronger position moving forward.
Call (314) 900-HELP now or contact us online to take the first step toward protecting your future.
