Legal Question in Criminal Law in Illinois
criminal sexual assault
Would it be likely that a person charged with Class , Count 1 crim. sex. assault to get a commutaion of sentence?? (no previous criminal background, several therapists agree not threating but needs counseling) Serving 5 years at 85% and has to register for life as an offender.
2 Answers from Attorneys
Re: criminal sexual assault
A commutation of sentence has to be by the governor. You have to file a petition with the Illinois Prisoner Review Board. If there is any merit, there will be hearings. Then the Board will make recommendations to the governor. It is up to him. Good luck.
Re: criminal sexual assault
As a practical matter, the governor would take into account a number of things, certainly the length of sentence is one. Additionally, there are political considerations as another. In this instance, the sentence is not out of line with other sentences for the crime charged, and the reality is, this type of crime is not one which lends itself to significant political support for a commutation. It is a sentence provided for by the legislature, and unless there were some very extenuating circumstances surrounding the finding of guilt, the likelihood of a commutation is not good.
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