Andres Leyva Found Guilty in Aggravated Criminal Sexual Assault Trial After Attack in Third Lake in September 2020

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Andres Leyva, convicted Aggravated Criminal Sexual Assault (SOURCE: Lake County State's Attorney).
Andres Leyva, convicted Aggravated Criminal Sexual Assault (SOURCE: Lake County State’s Attorney).

(Lake County, IL) Late afternoon on Wednesday, May 25, 2022, a bench trial concluded in the Lake County Courthouse with “guilty” verdicts on all counts.




Andres Leyva, 31, was convicted of one count of Aggravated Criminal Sexual Assault, a Class X felony, and of one count of Criminal Sexual Assault, a Class 1 felony. Leyva was first charged with both counts on September 2020, after the Lake County Sheriff’s Department responded to and investigated a report of a victim who had been sexually assaulted. Leyva, then age 29, had been accused of battering and sexually assaulting a woman at a residence in Third Lake on September 19, 2020. Andres Leyva, of the block of 200 Windjammer Lane in Third Lake, was taken into custody the same day.

“Our office dedicated significant litigation resources to this important trial after an excellent investigation by the Sheriff’s Office. I am proud of our trial team’s work in securing justice for the survivor. Our outstanding victim-support professionals who have been working with the survivor since this attack in 2020, will continue to support her.”

— Eric F. Rinehart

The bench trial began on May 23, 2022, lasting three days. Presiding Judge Patricia Fix heard from five state witnesses, including medical experts. They explained how the victim’s testimony of the assault aligned with the injuries and evidence collected from the Sexual Assault Nurse Examiner’s (SANE) examination.




The defendant made the choice to testify on Wednesday morning. During the cross-examination conducted by Assistant State’s Attorney, John Brown, Leyva admitted that the testimony he gave on the stand was different than the statement he gave to detectives when he was originally questioned in September 2020.

Leyva was held on a $300,000 bond in the Lake County Jail from the time of his arrest until the trial. After the verdict, Judge Fix revoked the ability to post bond. A pre-sentence investigation will be conducted prior to the next hearing on July 12.




Under a new law, the SAFE-T Act, going into effect on January 1, 2023, defendants charged with criminal sexual assault (and other violent cases) will not be granted bond before trial if a judge orders them detained.

Because Leyva was convicted of all charges, he will face a mandatory prison sentence of 10 to 45 years to be served at 85%.

Rinehart continued, “this offender will be incarcerated because of the survivor’s bravery. We know many sexual attacks are not reported, but our office and Lake County law enforcement will pursue and prosecute anyone who violates the bodily autonomy of another.”

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