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The Basis for a Crime of Aggravated Assault

Assault occurs when a person engages in conduct that places another in a reasonable apprehension of fear of a battery. A battery is the unwanted physical contact of another. Physical harm is not required for someone to be charged with assault. For this reason, it is important to contact an aggressive Illinois aggravated assault defense attorney right away if you or someone you know is facing charges.

Under Illinois law, aggravated assault occurs when a person:

  • Uses a deadly weapon or any device manufactured or designed to be substantially similar in appearance;
  • Conceals his or her identity by a hood, robe or mask;
  • Knows the victim is a teacher or any other person employed in a school and the act occurs on school grounds, or adjacent grounds, or in any part of a building used for school purposes;
  • Knows the victim is a supervisor, director, instructor or other person employed in any park district and the act occurs on the park grounds, adjacent to the grounds, or in any part of a building used for park purposes;
  • Knows the victim is a caseworker, investigator or other person employed by the State or County Department of Public Aid and the act occurs on Public Aid office grounds, adjacent to the grounds, or in any part of a building used for Public Aid purposes including the home of a public aid applicant, recipient or other person who resides or is located in that home;
  • Knows the victim is a law enforcement officer, officer of the peace, fireman or emergency response worker and the assault occurs during the course of the execution of any official duties or in retaliation of executing such duties;
  • Knows the victim to be a driver, operator, employee or passenger of any transportation facility or system for the public and the person assaulted was performing in his or her work capacity;
  • Assaults the victim on or about a public way, public property, or public place of accommodation or amusement;
  • Knows the victim to be an employee of the state, a municipal corporation or a political subdivision and the act occurs while engaged in the performance of authorized duties;
  • Knows the victim is handicapped or at least 60 years of age and the assault is without legal justification;
  • Discharges a firearm; or
  • Knows the victim is a correctional employee and the act occurs while he or she is executing official duties and the act was to prevent or in retaliation of the execution of these duties.

Chicago Aggravated Assault Defense

If you or someone you know has been charged with aggravated assault or any other criminal offense, reach out to a skilled and experienced Chicago aggravated assault defense attorney today. Attorney Steven Goldman has years of criminal defense experience and services the greater Chicago area. Call (773) 484-3131 to schedule your initial consultation today.