Unlike battery offenses, assault does not require harmful or even physical contact. If the perpetrator creates a reasonable fear of imminent contact, it can qualify as assault under Illinois law. If the perpetrator’s actions fall into one of the three categories outlined below, they could face charges for aggravated assault instead.
Aggravated Assault – Location of Conduct
720 ILCS 5/12-2 establishes the Illinois laws against aggravated assault. Under Subsection (a), a standard assault crime becomes aggravated assault if the offense occurred on or about any:
- Public way;
- Public property;
- Public place of accommodation or amusement;
- Sports venue; or
- Place of worship.
Aggravated assault based on location of conduct is typically charged as a Class A misdemeanor. If convicted of a Class A misdemeanor in Illinois, the punishment can include an upper limit of 12 months in jail and $2,500 in criminal fines.
Aggravated Assault – Status of Victim
Section 12-2 also furnishes the Illinois laws against aggravated assault based on the status of the victim. Under Subsection (b), a standard assault crime can become aggravated assault if the perpetrator knows the victim to be:
- A person with a physical disability;
- An elderly person over the age of 60 years old;
- A teacher or school employee on school grounds;
- A community policing volunteer, private security officer, or utility worker;
- A peace officer, firefighter, emergency management worker, or emergency medical services personnel;
- A correctional or probation officer;
- A correctional institution employee, juvenile detention center employee, or Department of Human Services employee, officer, or subcontractor;
- An employee of the State of Illinois or any subdivision thereof;
- A transit employee or passenger;
- A sports official or coach participating in any athletic competition; or
- A process server.
Aggravated assault based on status of the victim is, at a minimum, charged as a Class A misdemeanor and punishable as outlined above.
That being said, aggravated assault based on status of the victim can become a Class 4 felony. This version only applies if:
- The victim was a community policing volunteer, private security officer, or utility worker, and the perpetrator used a Category I/II/III weapon;
- The victim was an employee of the State of Illinois or any subdivision thereof, and the perpetrator used a Category I/II/III weapon;
- The victim was a peace officer, firefighter, emergency management worker, or emergency medical services personnel;
- The victim was a correctional or probation officer;
- The victim was a correctional institution employee, juvenile detention center employee, or Department of Human Services employee, officer, or subcontractor; or
- The victim was a process server.
If convicted of a Class 4 felony in Illinois, the punishment can include one to three years in prison and up to $25,000 in criminal fines.
Aggravated Assault – Use of Weapon or Device
Section 12-2 also supplies the Illinois laws against aggravated assault based on the use of a weapon or device. Under Subsection (c), a standard assault crime can become aggravated assault if the perpetrator:
- Uses a deadly weapon or air rifle;
- Discharges a firearm;
- Discharges a firearm from a motor vehicle;
- Wears a hood, robe, or mask to conceal their identity;
- Uses a laser pointer in concert with a firearm;
- Brandishes a firearm against a police officer, firefighter, paramedic, or similar person;
- Uses a motor vehicle to create a reasonable apprehension of being struck by the vehicle;
- Creates an audio or video recording of the offense with the intent to disseminate the recording.
Aggravated assault based on the use of a weapon or device is, at a minimum, charged as a Class A misdemeanor and punishable as outlined above.
If the perpetrator discharges a firearm, uses a laser pointer, brandishes a firearm, or uses a motor vehicle, however, aggravated assault is a Class 4 felony. The penalty is substantially similar to the one described above.
If the perpetrator discharges a firearm from a motor vehicle — or uses a motor vehicle against a community policing volunteer, private security officer, or utility worker — aggravated assault is a Class 3 felony.
If convicted of a Class 3 felony in Illinois, the punishment can include two to five years in prison and up to $25,000 in criminal fines.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.