When Does Assault Become Aggravated?

If you’re like many people, you understand how serious an assault charge in Illinois can be. But how does an assault charge turn into an aggravated assault charge? This guide explains.

When Does Assault Become Aggravated?

In some cases, the location of assault has an impact on the type of charge you receive. For example, what would ordinarily be a standard assault charge becomes an aggravated assault charge if the crime is committed on or in:

• a public place of accommodation or amusement, or sports venue
• church, synagogue or mosque (or any other structure or building used for religious worship)

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It may also become aggravated assault based on the status of the victim. For example, you can be charged with aggravated assault if you know that the individual is:

• A teacher or school of employee on school grounds
• a park district employee on park grounds
• a community policing volunteer, private security officer, or utility worker
• an employee of a correctional institution or county juvenile detention center employee
• a state employee or transit employee performing official duties
• a transit passenger, a sports official, or a sports coach actively participating in any level of athletic competition in a sports venue
• a process server

In other instances, you can be charged with aggravated assault if you use a firearm, device or motor vehicle.

Related: Aggravated speeding as a Class A or Class B misdemeanor in Illinois

What’s the Penalty for Aggravated Assault?

Aggravated assault is generally a felony. That means if you’re convicted, you’ll most likely spend time in prison (rather than jail). The amount of time you spend in prison, as well as the amount of money you’re required to pay in fines, depends on the degree of the felony.

• Aggravated assault as a Class 4 felony: If a court convicts you of this type of felony, you can spend up to three years in prison.
• Aggravated assault as a Class 3 felony: If a court Convince you of this type of felony, you can spend up to five years in prison.

Related: Let’s talk about resisting arrest in Illinois

Do You Need to Talk to an Attorney About Aggravated Assault Charges in Illinois?

If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.