Difference Between Assault and Aggravated Assault in Illinois
The difference between assault and aggravated assault in Illinois is based in part on the degree or level of the assault. Actions and characteristics that raise an assault to an aggravated assault include if the offender:
- uses a deadly weapon or firearm
- uses an object that looks like a firearm
- drives in a manner that causes the victim to think he/she will be hit
- is hooded or disguised
- knowingly records the assault with the intent to disseminate it
- occurs in a public place
An assault graduates to aggravated assault Illinois based on whether the recipient is considered a “special victim.” These categories of individuals include but are not limited to adults 60-years-old or older, handicapped people, police and correctional officers, emergency medical people, firefighters, and public employees like teachers. In some instances, the public-employee needs to be involved in or targeted because of his responsibilities.
ILCS Assault Specifics
In the state of Illinois, the criminal offense of assault is specified by law (720 ILCS assault 5/12 et seq.).This requires the conduct to be such that it makes a person fearful that he or she will be battered. This does not mean that the person actually needs to be hit, he/she only has to believe that a physical attack may occur.
What Is 720 ILCS 5 12 2
A person can be charged with 720 ILCS 5 12 2 if he/she threatens another person with violence. If you have been arrested for aggravated assault Illinois, reach out to a local attorney for advice and advocacy.
720 ILCS 5/12-2
A person may also be charged with aggravated assault 720 ILCS 5/12-2 when he or she commits assault against someone who is on public property.
720 ILCS 5 12
The difference between aggravated assault Illinois and battery is the absence or presence of physical contact. Battery requires someone actually physically pushes or hits someone.
Illinois Assault Laws
Based on Illinois assault laws, there are several things that can escalate an assault charge to one of aggravated assault Illinois.
Aggravated Battery With a Firearm
Aggravated Battery with a firearm is generally a Class 3 Felony Illinois. Other types of aggravated assault Illinois is considered can be a Class A misdemeanor or a Class 3 or Class 4 felony, depending upon the situations and the identity of the victim.
You Need Powerful Help with an Aggravated Assault Case
Illinois assault laws can be tricky. There’s simple assault, aggravated assault, aggravated battery, and more – and all the charges carry different penalties. For the best possible results, schedule a risk-free consultation with the Law Offices of Andrew Nickel today.
Assault Illinois Penalties
Aggravated assault Illinois is typically a Class A misdemeanor. This means the most likely charge will result in a year in the county prison and a fine of as much as $2,500.00.
In specific cases, aggravated assault Illinois might be a Class 4 Felony, with a charge of approximately three years in an Illinois state jail. Obviously, in cases like these, the accused’s conduct was more serious, or they may have been charged with aggravated assault along with other crimes. Assault is a crime that can have a lasting effect on your life, so it is in your best interest to retain a dedicated criminal lawyer in Yorkville or your local area to help get the best outcome in your case.
Simple Assault Illinois
Simple assault is a Class C misdemeanor Illinois, with approximately one month in prison and a fine of as much as $500.00 for those who are found guilty.
If you are not sentenced to jail, you might confront two years of probation, and/or approximately 120 hours of social work, or restitution paid to the victims for a Class C misdemeanor charge.
Illinois Aggravated Assault
Typically, an Illinois aggravated assault is charged as either a Class A misdemeanor or a Class 3 or 4 felony. All of it depends upon the situations and particular issues present.
For example, if you are charged with attacking with a weapon aide from a gun, you will be charged with a Class A misdemeanor. However, if the same attack includes someone who is considered a “special victim”, your charge will be bumped to a Class 4 felony.
By using a gun you’ll also be charged with a Class 4 felony. Plus, if you use the gun while in an automobile, your charge will be bumped as much as a Class 3 felony. The sentences for these charges are greater than the typical sentences for Class 3 or 4 felonies. Plus, if you have prior convictions, your charges will more likely be increased. Having adequate legal representation is paramount.
Aggravated Criminal Sexual Assault Illinois
An individual takes part in aggravated criminal sexual assault Illinois if any of the following occur:
- A sexual attack causes physical damage to the victim
- A sexual attack occurred during any other felony
- If the victim is 60 years of age or older
- If the victim is a physically disabled individual
- If the victim is under the age of 17
- The perpetrator drugs the victim
- Use of a gun
- Use of a weapon
Additional information about aggravated criminal sexual assault can be found here: 720 ILCS 5/11-1.30.
Finding Appropriate Attorneys for Illinois Assault
To get the best attorneys for your Illinois assault case, contact attorney Andrew Nickel. Aggravated assault Illinois is no joke. Proper representation is key to a successful defense. Choosing the best lawyer is the only way to remain in control of your life.
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