ASSAULT & BATTERY

The crime of aggravated assault, pursuant to Illinois statute, occurs when a person commits an assault under one of the conditions enumerated within the statute. The circumstances which result in an otherwise simple assault amounting to an aggravated assault involve the location of the conduct, the status of the victim, and the object or device used by the actor.

With regard to offenses based on the location of the conduct, an assault committed against an individual who was on or about a public way, public property, public place of accommodation or amusement, or sports venue constitutes aggravated assault.

The status of the victim acts to enhance an otherwise simple assault to aggravated assault if you know the victim falls into a specified class of persons, such as the physically handicapped, persons 60 years old or over, teachers or school employees, park district employees, other specified state employees in the performance of their duties, and police officers.

Lastly, an assault amounts to aggravated assault if it involves the use of a deadly weapon, firearm or any device substantially similar in appearance to a firearm, or a laser gun sight or other laser device attached to a firearm when the laser beam strikes near another person or a motor vehicle operated in a manner placing the victim in reasonable fear of being hit. A person also commits aggravated assault if they video or audio record the assault with the intent to publicize/publish the recording. The criminal attorneys at Motta & Motta are extremely knowledgeable about Illinois aggravated assault laws and the available defenses.

As of 2014, the offense of aggravated assault can range from a Class A misdemeanor to a Class 3 or Class 4 felony depending on which of the specified enhancing conditions applies to the specific facts of the case. The potential sentence for aggravated assault depends on the defendant’s prior criminal record and the specific facts of the case as well as the version of the applicable statute in effect at the time of the offense. However, generally the possible sentences include:

• A term of imprisonment to exceed a year and a fine not to exceed $2,500;
• A term of imprisonment not to be less than 2 years and not to exceed 5 years plus fines;
• A term of imprisonment not to be less than 3 years and not to exceed 6 years plus fines.

Again, any potential sentence is extremely fact specific and varies depending upon the defendant’s prior criminal history so it is important to speak with an experienced and knowledgeable attorney to best determine your sentence possibilities for the worst and best case scenarios.