When you are accused of aggravated assault, it is understandable that one of your very first concerns may be whether or not you are being justly accused. Does the arresting officer really have the right to take you into custody? Are the grounds for your arrest truly reasonable, or are they somewhat questionable? These questions depend greatly on the nature of the accused crime. If you are facing aggravated assault charges, it is important to know where you stand, and one of the best ways to educate yourself is by reviewing the Illinois state laws that govern such charges.
What the Law Considers Reasonable Grounds
In general, when a person commits an act of conduct without lawful authority and is aware that it places another person in harm’s way, the law considers the action to be an assault. The law states that if you place another person in reasonable apprehension of receiving a battery, it is a Class C misdemeanor. Aggravated assault is a more serious form of assault, which may include the use of a weapon.
An individual may also be charged with this aggravated assault if they know their victim happens to be a physically handicapped person, a person 60 years of age or older, a teacher or school employee, or a community policing volunteer. There are other grounds for aggravated assault charges that are based on the status of the victim or the location of conduct. For example, if an individual harms someone who works for the community or does so in retaliation for performing their official duties, the perpetrated can be charged with aggravated assault. Additionally, if the offense is committed on public property, in a public place of accommodation or amusement, or at a sports venue, aggravated assault charges may follow.
What Cannot Be Used as Reasonable Grounds
When it comes to aggravated assault, mere verbal threats, such as shouting or the use of profanity, cannot be the only grounds for charges. There must be some form of physical threat, and the person being assaulted must have reasonable belief that the accused offender is either in possession of a weapon or has the intention of carrying out a threat that somehow places them in harm’s way.
If you have been accused of aggravated assault, it is important you speak with an experienced criminal defense attorney in Joliet who can help examine your case and protect your best interests in a court of law. Attorney Jack L. Zaremba is a former prosecutor who understands the law and is ready to provide the help you need. Call 815-740-4025 for a free consultation today.