What is Aggravated Assault:
An assault becomes aggravated Assault based upon certain factors. These include the location where the action takes place and the conduct that the victim alleges.
The location of where the act takes place is also important. For example, if the action occurs on a public way, public property, or public place, the state might charge the defendant with Aggravated Assault. A public way is considered a highway, (where incidents like road rage can occur). Also included is a public property, (such as city hall). Finally, “public place” is a very general term and can include a football stadium or really anything.
An assault can become aggravated based upon the status of the “victim.”
I do not like the word “victim” as many “victims” are actually the aggressor, so I will use the word, “Complaining witness” or “CW” for short. If the defendant allegedly commits the assault against an individual in the following list. A teacher, school employee, a park district employee, community police individual, utility worker, or police officer. Also included, a correctional officer, employee of the State of Illinois, pubic transit worker, a sports official, (coach or umpire) or a special process server. If the alleged assault is against one of these individuals the state will charge him or her with aggravated assault.
If the defendant uses an air gun that is similar in appearance to a deadly weapon, the state might charge him or her with aggravated assault. Likewise, if someone uses a laser beam sight or discharges a firearm from a motor vehicle, the state might charge him or her with Aggravated Assault. Finally, the state might charge someone with Aggravated Assault if he or she uses a hood or mask to conceal his or her identity.
Examples of Aggravated Assault:
An example of Aggravated Assault includes pointing gun at a person. However, telling a person that you have a gun (or a receipt for a gun) is not enough.
Prosecutors will most likely file Assault cases as a Class A misdemeanors. However, prosecutors can also charge this offense as a Class 3 or 4 felonies depending on the facts of the case.