Have you ever felt that threatening someone was the best solution to a problem? We’ve all been there. But the reason you are probably reading this now is because you didn’t just FEEL like threatening someone, you actually went ahead and did it. Allegedly.
Don’t worry, I am not here to judge. That’s the judge’s job. I just want to keep you informed. Let’s start with the basics.
What is "assault"?
Assault is when a person knowingly engages in conduct that places another person in reasonable fear of receiving a battery (harmful or insulting physical contact). You have to intend to put the other person in fear of receiving a battery, and the other person has to reasonably fear you are going to do it.
If you threaten to knock someone’s teeth out and they believe you are going to do it, you have committed assault.
3 Things That Make an Assault "Aggravated" Under Illinois Aggravated Assault Law
There are three things that elevate a normal assault to an aggravated assault. Enjoy.
1. It Happens in a Public Place
A normal assault becomes aggravated when it is committed on public property, a public way, at an amusement park, at a sports venue, etc. You get the picture: going public makes things worse for you.
2. The Victim Has a Special Status
Under Illinois aggravated assault law, the victim’s status could make an assault “aggravated.” A person has to commit an assault while knowing the victim’s status. Such statuses include elderly/disabled people, police officers, firemen, and sports coaches/officials, just to name a few.
You can view the full list by clicking on the following link: 720 ILCS 5/12-2(b)
3. A Firearm, Device, or Motor Vehicle is Used
Using a firearm automatically makes an assault “aggravated.” Illinois aggravated assault law states that the firearm doesn’t even have to be real. A toy gun that looks real will do the trick. Discharging a firearm, wearing a mask during the assault, shining the laser from a firearm, and using a motor vehicle all raise an assault to “aggravated” status. Violating this section results in Class 3 or Class 4 felony charges.