aggravated assault instruction in Illinois

1993App. 3d 625 , 531 N.E.2d 396 , as authority that an aggravated assault instruction is proper when attempted murder is charged.

1993The cases relied upon by defendant, Krueger ( 176 Ill.

2020Further, as our supreme court noted in People v. Colyar, 2013 IL 111835, ¶ 49 , requiring that police officers completely eliminate any legal explanation for a defendant’s possession of a firearm in cases such as this ignores Terry’s admonition that “a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for the purpose of - 13 - 2020 IL App (2d) 180910-U prosecuting him for a crime.” ¶ 30 For all the foregoing reasons, we find that the trial Court correctly concluded that the officers had rea

2014However, in People v. Jefferson, 260 Ill.

1973(People v. Hampton, 44 Ill.2d 41 , 253 N.E.2d 385 .) In the instant case the judge clearly considered all the evidence and made a factual finding that appellant did point the gun at Chamness and was not at all times acting properly within the scope of self-defense and did, in fact, commit an aggravated assault in violation of his probation.

1973(People v. Hampton, 44 Ill.2d 41 , 253 N.E.2d 385 .) In the instant case the judge clearly considered all the evidence and made a factual finding that appellant did point the gun at Chamness and was not at all times acting properly within the scope of self-defense and did, in fact, commit an aggravated assault in violation of his probation.