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A Detailed Look at Aggravated Assault

Posted on in Criminal Law

A Detailed Look at Aggravated AssaultThe difference between an assault conviction and an aggravated assault conviction can be years of prison time and thousands of dollars in fines. Assault is an action towards a person that causes that person to reasonably feel that he or she is in danger. The severity of the suspect’s actions and the identity of the victim elevate the charge to aggravated assault. Simple assault in Illinois is a class C misdemeanor, which includes as many as 30 days in jail and as much as $1,500 in fines. Aggravated assault can be a class A misdemeanor or a class 4 or class 3 felony.

Class A Misdemeanor

Most aggravated assault charges are class A misdemeanors, which are punishable by as long as a year in prison and as much as $2,500 in fines. Aggravated assault qualifies as a class A misdemeanor in several ways. An assault that occurs on a public way or at a public venue is an aggravated assault. The suspect’s alleged actions can aggravate the charge, such as if he or she was brandishing a deadly weapon or wearing a hood or mask to conceal his or her identity. There are also several classifications of victims that result in aggravated charges, including:

  • People with disabilities;
  • People age 60 or older;
  • Teachers and school employees who are on or adjacent to school property;
  • Park district employees who are on or adjacent to park district property;
  • Community police volunteers, private security officers and utility workers who are on duty;
  • State and municipal employees who are on duty;
  • Transit officials who are on duty; and
  • Sports officials and coaches who are working.

Finally, an aggravated assault charge is a class A misdemeanor if the suspect allegedly recorded the encounter for the purpose of disseminating it.

Class 4 Felony

A class 4 felony in Illinois is punishable by one to three years in prison and as much as $25,000 in fines. A class 4 felony aggravated assault occurs when:

  • The victim is a law enforcement official or emergency worker;
  • The suspect is alleged to have fired or used a deadly weapon; or
  • The suspect is alleged to have threatened someone by using a motor vehicle.

Aggravated assault against a private security officer or government employee can be a class 4 felony if the suspect also allegedly had a deadly weapon.

Class 3 Felony

A class 3 felony in Illinois is punishable by two to five years in prison and as much as $25,000 in fines. Aggravated assault charges become class 3 felonies when the suspect fires a weapon from a motor vehicle or uses a vehicle to threaten a law enforcement official or emergency worker.

Your Defense 

Determining whether someone is guilty of assault requires understanding the intentions of the suspect and whether the alleged victim reacted reasonably. A McHenry County criminal defense attorney at Botto Gilbert Lancaster, PC, can argue against your assault charges or the factors that make it aggravated assault. To schedule a free consultation, call 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-2

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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