There are many circumstances under which a person could be accused of aggravated assault under Illinois law 720 ILCS 5/12-2. The definition of aggravated assault includes incidents of assault against particular sets of people. Under 720 ILCS 5/12-2(b), a person may be charged with aggravated assault, instead of merely with assault, for a crime against a physically handicapped person, an elderly person, or an employee in a certain occupation. It is important to contact a Chicago defense attorney for help if you or someone you know is facing charges for aggravated assault.
Groups of People Who Cause an Assault to be Considered Aggravated
If you are accused of assaulting any of the following types of people, the alleged crime may automatically be considered an aggravated assault:
- A physically handicapped person
- A person 60 years of age or older
- A teacher or school employee, on or near school grounds
- A park district employee, on or near park grounds
- An peace officer or other community employee
- A probation officer
- A correctional officer or employee
- An Illinois state employee performing his or her official duties.
- A transit employee performing his or her official duties
- A transit passenger
- A sports official or coach during an athletic competition, on or near any sports venue
- A person authorized to serve process (deliver notice of legal action)
Your awareness of the alleged victim’s status is very important here. If you did not know that the person fit into one of these categories, you may have a defense, and you should consult with an experienced Chicago assault defense lawyer.
Penalties for Aggravated Assault
Aggravated assault of a handicapped person, elderly person, teacher, park employee, peace officer, state employee, transit employee or passenger, or sports coach is a Class A misdemeanor. Under 730 ILCS 5/5-4.5-55,class A misdemeanors carry sentences of imprisonment up to one year, and fines or community service. However, aggravated assault of a peace officer or state employee is a Class 4 felony if certain weapons are used in the commission of the assault. Under 730 ILCS 5/5-4.5-45,class 4 felonies carry potential sentences of one to three years in prison, as well as fines or community service. Aggravated assault of a correctional officer or employee, probation officer, or process server is a Class 4 felony.
Chicago Defense Lawyer
If you or someone you care about is accused of the aggravated assault of one of the types of people listed above, contact Chicago criminal defense attorney Steven Goldman for a consultation on your case.
