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In Illinois, any intentional behavior which causes reasonable apprehension of receiving a battery is considered an assault. However, assault is more than just words; it is a threat of imminent bodily harm in a menacing tone accompanied by conduct consistent with the threat. These are serious charges and should not be taken lightly. If you or a loved one is facing an assault charge, contact a criminal defense lawyer right away!
Understanding Aggravated Assault Charges
A key aspect of assault is the instilling of fear that a physical attack is going to happen. A conviction is a Class C misdemeanor punishable by up to 30 days in prison, a fine of up to $1,500, 2 years of probation and possible restitution.
However, under certain circumstances, an assault charge can be upgraded to aggravated assault which can be seen as a misdemeanor or a felony.
Aggravated assault occurs when:
- The offender uses a deadly weapon to threaten
- The offender attempts to conceal their identity with a robe or sweater
- The offender uses an object that appears like a firearm
- A special victim—police officer, firefighter, teacher, adult over 60, etc.—is assaulted
- The assault occurs in a public place, public road, school, or in a public facility
- The offender uses a motor vehicle to threaten
Depending on the circumstances, the weapon involved, and the identity of the victim, an aggravated assault conviction could be punished by up to 30 years in prison, up to $25,000 in fines, years of probation, and additional restitution.
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You need skilled Chicago criminal defense to keep you out of prison and keep your record clean. At Ahmad Law Firm, we concentrate entirely on defending clients charged with crimes and upholding their freedom. If you were arrested for assault, don't waste time—call our Chicago firm right away and we can apprise you of all your legal options.