Illinois Aggravated Assault

The Law – 720 ILCS 5/12-2

A person commits aggravated assault when he commits an assault, (placing another in reasonable apprehension of receiving a battery), and:

  1. The person upon who the assault is committed is on a public way, public property, a public place of accommodation or amusement, or a sports venue; OR

  2. When committing the assault, the person knows the individual assaulted is:

    1. A physically handicapped person;

    2. A person 60 years of age or older;

    3. A teacher or school employee on school grounds;

    4. A park district employee on park grounds;

    5. A peace officer, community policing volunteer, fireman, private security officer, emergency management worker, EMT or utility worker in various circumstances;

    6. A correctional institution employee or juvenile detention center employee in various circumstances;

    7. An employee of the State of Illinois, any Illinois municipality or political subdivision, while working in their official capacity;

    8. A transit employee performing his duties;

    9. A sports official or coach, while in that capacity;

    10. A process server while performing duties;

  3. While committing the assault, the person does any one of the following:

    1. Uses a deadly weapon, or air rifle, or a device designed to look similar to a firearm;

    2. Discharges a firearm, other than from a motor vehicle;

    3. Discharges a firearm from a motor vehicle;

    4. Wears a hood, robe or mask to hide his identity;

    5. Shines or flashes a laser gun sight attached to a firearm, so the laser beam shines near or in the vicinity of any person;

    6. Uses a firearm (without discharging it) against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, EMT, any police department employee, any sheriff’s department, or traffic control employee, performing his duties, in certain circumstances;

    7. Operated a motor vehicle in a way that places a any person, including a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, EMT or utility worker in reasonable fear of being struck by the vehicle; or

    8. Knowingly video or audio records the offense with the intent to disseminate the recording.

Aggravate assault first requires that the person have committed an assault, and the State has the burden of proof beyond a reasonable doubt that an assault occurred, and also of every other element of the offense which makes the offense “aggravated”. For instance, the person charged must know or reasonable know that the person allegedly assaulted was actually a police officer performing official duties. Every element of the offense must be proved beyond a reasonable doubt.

The Sentence

SENTENCES VARY DEPENDING ON THE ACTUAL CIRCUMSTANCES, FROM:

CLASS A MISDEMEANOR – 364 DAYS MAX
CLASS 4 FELONY – 1-3 YEARS
CLASS 3 FELONY - 2-5 YEARS

Probation Possible? – Yes.

Supervision Possible? – Yes.

Time To Be Served – Must serve 50% of the sentence imposed

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

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