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What Are the Punishments For Aggravated Assault?

Aggravated Assault Law in Illinois

Under Illinois law, assault can occur anytime someone intentionally conducts themselves in a manner that causes another person to fear for their safety. This generally refers to a threat that is accompanied by conduct that would insinuate harm.

Aggravated assault can involve:

  • A deadly weapon
  • Using a motor vehicle as a weapon
  • Using methods to conceal the offender's identity
  • A public place
  • An object that resembles a weapon

Aggravated assault is often charged when assault is committed against a special victim, such as a police officer, someone over the age of 60, a physically handicapped individual, a firefighter, or a teacher.

Depending on the circumstances behind the charge, the accused can be facing a misdemeanor or felony charge. Those penalties include 2 to 60 years imprisonment (depending on the aggravating factors found by the court), a $25,000 fine, up to 4 years of probation, and restitution to the alleged victim.

Working with a criminal defense attorney when an aggravated assault has been leveled against you can be crucial when working to create possible defenses. These may include acting out of self-defense or in the defense of another, defending property, and lack of intent or reasonable fear of harm. If it can be shown that there was no reason to fear harm from the accused's actions or that the threats were stated for protection, then it may not be considered aggravated assault. In many instances, an individual can plead down an aggravated assault charge to a lesser crime for lighter sentencing.

If you or a loved one have been charged with aggravated assault or any other assault crime in Illinois, contact Martin & Kent, LLC. Our attorneys have years of experience as criminal prosecutors and can help you develop the best defense against your offense.

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