In Illinois aggravated assault (720 ILCS 5/12-2) is a simple assault (720 ILCS 5/12-1) with certain aggravating circumstances.
720 ILCS 5/12-1. Assault.
The ILCS for assault is found at 720 ILCS 5/12-1. It says:
“(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.”
Class C Misdemeanor
Simple assault in Illinois is a Class C Misdemeanor. See 720 ILCS 5/12-1(b). See also the chart below for the maximum jail time and fine for this offense.
| Class | Penalty Range | Maximum Fine |
|---|---|---|
| A | less than 1 year | not to exceed $2,500 |
| B | not more than 6 mths | not to exceed $1,500 |
| C | not more than 30 days | not to exceed $1,500 |
Mandatory Community Service For Simple Assault
“… a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours,… 720 ILCS 5/12-1(c)
720 ILCS 5/12-2. Aggravated Assault.
ILCS aggravated assault, in general, the Illinois Criminal Code (720 ILCS 5/12-2) organizes various forms of aggravated assault into the following types of assault:
- Aggravated Assault Based On Location Of Conduct
- Aggravated Assault Based On Status Of Victim
- Aggravated Assault Based On Firearm, Device, Or Vehicle
Aggravated Assault Based On Location Of Conduct
“(a) A person commits aggravated assault when he or she commits an assault against an individual who is on or about
- a public way,
- public property,
- a public place of accommodation or amusement,
- a sports venue,
- a domestic violence shelter, or
- in a church,
- synagogue,
- mosque, or
- other building,
- structure, or
- place used for religious worship.”
Aggravated Assault Based On Status Of Victim
“(b) A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60 years of age or older and the assault is without legal justification.
(2) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(3) A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes.
(4) A community policing volunteer, private security officer, or utility worker: (i) performing his or her official duties; (ii) assaulted to prevent performance of his or her official duties; or (iii) assaulted in retaliation for performing his or her official duties.
(4.1) A peace officer, fireman, emergency management worker, or emergency medical services personnel: (i) performing his or her official duties; (ii) assaulted to prevent performance of his or her official duties; or (iii) assaulted in retaliation for performing his or her official duties.
(5) A correctional officer or probation officer: (i) performing his or her official duties; (ii) assaulted to prevent performance of his or her official duties; or (iii) assaulted in retaliation for performing his or her official duties.
(6) A correctional institution employee, a county juvenile detention center employee…(i) performing his or her official duties; (ii) assaulted to prevent performance of his or her official duties; or (iii) assaulted in retaliation for performing his or her official duties.
(7) An employee of the State of Illinois, a municipal corporation therein, or a political subdivision thereof, performing his or her official duties.
(8) A transit employee performing his or her official duties, or a transit passenger.
(9) A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.”
Aggravated Assault Based On Firearm, Device, Or Vehicle
“(c) A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in Section 24.8-0.1 of this Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her identity.
(5) Knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
(6) Uses a firearm, other than by discharging the firearm, against a peace officer…(i) performing his or her official duties; (ii) assaulted to prevent performance of his or her official duties; or (iii) assaulted in retaliation for performing his or her official duties.
(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(9) Knowingly video or audio records the offense with the intent to disseminate the recording.”
Sentencing For Aggravated Assault In Illinois
Aggravated Assault is classified as either a Class A Misdemeanor, Class 4 Felony or a Class 3 Felony. See 720 ILCS 5/12-2(d).
Class A Misdemeanor
The following sections of the aggravated assault statute (720 ILCS 5/12-2) are classified as a Class A Misdemeanor:
| (a) Any aggravated assault based only on location. |
| (b)(1) Victim is 60+ yrs old or disabled. |
| (b)(2) Victim is school employee or teacher. |
| (b)(3) Victim is a park district employee. |
| (b)(4) Victim is a security guard. |
| (b)(7) Victim is government employee. |
| (b)(8) Victim is a transit employee. |
| (b)(9) Victim is a sports coach or official. |
| (c)(1) Uses an air rifle, deadly weapon, or device that looks like firearm. |
| (c)(4) Wears a hood, robe or mask. |
| (c)(9) Records the assault for distribution. |
Some Aggravated Assaults In Illinois Are A Felony Offense
As a reference, Illinois felonies are classified into the following levels of seriousness. Higher classes have higher sentencing ranges.
| Class | Sentencing Range | Extended Term (if eligible) |
|---|---|---|
| Class M | 20-60 years | 60-100 years |
| Class X | 6-30 years | 30-60 years |
| Class 1 | 4-15 year | 15-30 years |
| Class 2 | 3-7 years | 7-14 years |
| Class 3 | 2-5 years | 5-10 years |
| Class 4 | 1-3 years | 3-6 years |
Class 4 Felony
The following sections of the aggravated assault statute (720 ILCS 5/12-2) are classified as a Class 4 Felony:
| (b)(4) Victim is a security guard and a weapon is used. |
| (b)(7) Victim is government employee and a weapon is used. |
| (b)(4.1) Victim is a peace officer. |
| (b)(5) Victim is a correctional officer. |
| (b)(6) Victim is a juvenile detention employee. |
| (b)(10) Victim is a process server. |
| (c)(2) Discharges a firearm not from a car. |
| (c)(5) Uses a laser gun sight on or with a gun. |
| (c)(6) Uses a firearm without discharge against a peace officer. |
| (c)(7) Uses a car against the victim not a security guard. |
Class 3 Felony
The following sections of the aggravated assault statute (720 ILCS 5/12-2) are classified as a Class 3 Felony:
| (c)(3) Discharges a firearm from a car. |
| (c)(8) Uses a car against a security guard. |
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
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