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720 ILCS 5/12-2 – Aggravated Assault

 

  • Up to Class 4 Felony
  • 1-3 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Aggravated Assault in Illinois

Aggravated assault is a serious criminal offense in Illinois that involves intentionally threatening or attempting to cause harm to another person under circumstances that elevate the severity of the crime. This charge is more serious than simple assault and can result in significant legal consequences, including jail time and heavy fines.

 

What Constitutes Aggravated Assault in Illinois?

Under Illinois law, aggravated assault is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-2. The offense occurs when a person commits an assault under specific aggravating factors that make the assault more severe. These factors may include:

 

  • Use of a Deadly Weapon: Committing an assault while using or brandishing a deadly weapon, such as a gun, knife, or any other object that can cause serious bodily harm.
  • Assault of a Protected Person: Assaulting certain protected individuals, including police officers, firefighters, teachers, healthcare workers, or elderly persons, while they are performing their official duties.
  • Location of the Assault: Committing an assault in certain locations, such as public places, schools, or places of worship, can also elevate the offense to aggravated assault.
  • Concealing Identity: Wearing a mask or concealing one’s identity during the commission of an assault can result in aggravated assault charges.

Examples of Aggravated Assault Under 720 ILCS 5/12-2

Here are some specific examples of aggravated assault as defined under Illinois law:

  1. Assault with a Deadly Weapon
    • Statute: 720 ILCS 5/12-2(a)(1)
    • Description: Threatening or attempting to cause harm to someone while armed with a deadly weapon, such as a firearm, knife, or blunt object.
  2. Assault of a Police Officer
    • Statute: 720 ILCS 5/12-2(b)(4.1)
    • Description: Assaulting a police officer, firefighter, or other protected public servant while they are performing their official duties.
  3. Assault in a Public Place
    • Statute: 720 ILCS 5/12-2(b)(8)
    • Description: Committing an assault in a public place, such as a park, school, or place of worship.
  4. Assault While Concealing Identity
    • Statute: 720 ILCS 5/12-2(b)(9)
    • Description: Committing an assault while wearing a mask or other means of concealing your identity.

Penalties for Aggravated Assault in Illinois

Aggravated assault is generally classified as a Class A misdemeanor or a Class 4 felony, depending on the circumstances of the offense. The penalties for aggravated assault may include:

  • Class A Misdemeanor:
    • Up to 364 days in jail
    • Fines of up to $2,500
    • Probation or community service
    • Restitution to the victim
  • Class 4 Felony:
    • 1 to 3 years in prison
    • Fines of up to $25,000
    • Probation or community service
    • Extended probation periods or conditional discharge

The specific penalties will depend on the nature of the offense, the presence of any aggravating factors, and the defendant’s prior criminal history.

 

Defending Against Aggravated Assault Charges

If you’re facing aggravated assault charges in Illinois, it’s crucial to have an experienced criminal defense attorney on your side. As a former prosecutor with deep knowledge of Illinois criminal law, I can help you build a strong defense, challenge the evidence against you, and work toward reducing or dismissing the charges.

 

Why Choosing Andrew M. Weisberg is Crucial for Your Aggravated Assault Defense

Aggravated assault is a serious charge that carries the potential for significant legal penalties, including imprisonment, fines, and a permanent criminal record. The consequences of a conviction can be life-changing, affecting your personal relationships, career, and future opportunities. When facing such serious charges, you need a defense attorney who understands the complexities of aggravated assault cases and knows how to build a powerful defense.

Here’s why Andrew M. Weisberg is the attorney you need for your aggravated assault defense:

  • Deep Understanding of Violent Crime Defense: With years of experience handling violent crime cases, including aggravated assault, Mr. Weisberg has developed a keen understanding of the strategies prosecutors use to secure convictions. His experience as a former Cook County prosecutor gives him a unique insight into how the other side thinks and operates.
  • Tailored Defense Strategies: Every aggravated assault case is unique, with its own set of facts and circumstances. Mr. Weisberg is known for his ability to craft personalized defense strategies that address the specific details of your case, whether it involves self-defense, mistaken identity, or mitigating circumstances.
  • Aggressive Representation in Court: Mr. Weisberg’s reputation as an aggressive and relentless advocate in the courtroom means he will not back down when defending your rights. He will challenge the prosecution’s evidence, cross-examine witnesses, and present a compelling case on your behalf.
  • Commitment to Client Communication: Facing aggravated assault charges can be overwhelming, but Mr. Weisberg ensures that you are never left in the dark. He provides clear, consistent communication throughout your case, keeping you informed and involved every step of the way.

When your future is on the line, you need an attorney who will fight tirelessly to protect your rights and achieve the best possible outcome. Andrew M. Weisberg’s experience, dedication, and strategic approach make him the right choice for your aggravated assault defense.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your case and learn how he can help protect your rights and future.