Aggravated Assault against Correctional Officers is a very serious felony to be charged with. There are many circumstances under which a person could be accused of aggravated assault under Illinois law 720 ILCS 5/12-2. The definition of aggravated assault includes incidents of assault against particular sets of people. Under 720 ILCS 5/12-2(b), a person may be charged with aggravated assault, instead of simple assault, for a crime against employees in certain occupations. Aggravated assault is a much more serious charge than simple assault, and can carry much harsher penalties, including longer prison sentences. It is important to contact a Chicago defense attorney for help if you or someone you know is facing charges for aggravated assault.
Assault can be Considered Aggravated if Certain Employees are Involved
If you are accused of assaulting any of the following types of employees, the alleged crime may automatically be considered an aggravated assault:
- A correctional officer
- A probation officer
- A correctional institution employee
- A county juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center
- A Department of Human Services employee, officer, or employee of a subcontractor, supervising or controlling sexually dangerous persons or sexually violent persons
Your knowledge of the alleged victim’s status is very important here. If you did not know that the person fit into one of these categories, you may have a defense, and you should consult with an experienced Chicago assault defense lawyer.
In addition to the identity of the alleged victim, the circumstances of the crime are of the greatest importance as well. Assault against these types of employees will only be considered aggravated if they occurred while the employee is performing his or her official duties, or if the employee is assaulted to prevent performance of his or her official duties or in retaliation for performing his or her official duties.
Penalties for Aggravated Assault
Aggravated assault of a correctional officer or employee, probation officer, or any of the other employees listed above is a class 4 felony. Under 730 ILCS 5/5-4.5-45,class 4 felonies carry potential sentences of one to three years in prison, and possibly a fine.
Chicago Assault Defense Lawyer
If you or someone you care about is accused of the aggravated assault of one of the types of employees listed above, contact Chicago criminal defense attorney, Steven Goldman, for a consultation on your case.