The words assault and battery are often used interchangeably in regular parlance. Yet, under Illinois law, assault and battery are very different criminal offenses. While harmful physical contact is required for a battery charge, assault can occur through conduct or words alone. In severe cases, such as those involving a firearm, the alleged offender could be charged with aggravated assault. These charges should not be taken lightly: discuss your case with a criminal law attorney at the soonest opportunity. The Law Offices of Jonathan Minkus provides consultations where you can discuss your situation and build an effective defense strategy.
What Is the Definition of Aggravated Assault in Illinois?
Aggravated assault in Illinois is defined based on several factors. According to 720 ILCS 5/12-2, a regular assault charge becomes an aggravated assault depending on the following conditions:
- Location of the Incident. The offense took place in public, in an area of accommodation or entertainment, at a sports venue or on property that is used for religious worship.
- Victim’s Status. The victim is disabled or elderly, is a first responder, firefighter, transit employee, sports coach, transit employee, process server or is working for a school, the park district, or state government.
- Use of Deadly Weapon. The perpetrator completes the offense with a firearm, motor vehicle or a deadly weapon, hides their identity with a hood or mask or purposefully records the incident for dissemination.
Illinois law acknowledges numerous kinds of aggravated assault, but the punishment differs significantly depending on the circumstances of the incident.
Penalties for Aggravated Assault in Illinois
Most aggravated assault cases are charged as a Class A misdemeanor. A conviction for this demeanor could lead to up to 364 days in prison and fines of $2,500. Individuals convicted of a Class A misdemeanor may receive up to 24 months of probation.
However, some cases of aggravated assaults become a Class 4 felony, such as an aggravated assault where a firearm was discharged. A conviction of this class could lead to one to three years in jail and up to $25,000 in fines. A felony of this caliber may receive up to 30 months of probation.
Furthermore, an aggravated assault can receive a Class 3 felony charge. A perpetrator can be charged with this classification of charges if they created reasonable fear using a motor vehicle or if they discharged a firearm from a vehicle. A conviction could mean two to five years in jail and $25,000 in fines. It’s possible to receive 30 months of probation for a Class 3 felony.
Discuss Your Criminal Charges With a Knowledgeable Attorney
Aggravated assault in Illinois can have severe repercussions on your life. Fight your charges with a team that knows the law and can expertly navigate the road ahead. The attorneys at the Law Offices of Jonathan Minkus keep you informed and prepared through the entire criminal law process. Let us defend your best interests: call us for an initial consultation.