ILCS » Chapter 720 · Act 5

720 ILCS 5/12-2

Aggravated assault

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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.
    (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
        (1) A person with a physical disability or a person
    
60 years of age or older and the assault is without legal justification.
        (2) A teacher or school employee upon school grounds
    
or grounds adjacent to a school or in any part of a building used for school purposes.
        (3) A park district employee upon park grounds or
    
grounds adjacent to a park or in any part of a building used for park purposes.
        (4) A community policing volunteer, private security
    
officer, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (4.1) A peace officer, fireman, emergency management
    
worker, or emergency medical services personnel:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing
        
his or her official duties.
        (6) 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, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (7) An employee of the State of Illinois, a municipal
    
corporation therein, or a political subdivision thereof, performing his or her official duties.
        (8) A transit employee performing his or her official
    
duties, or a transit passenger.
        (9) A sports official or coach actively participating
    
in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
        (10) A person authorized to serve process under
    
Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court, while that individual is in the performance of his or her duties as a process server.
    (c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in
    
Section 24.8-0.1 of this Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
        (2) Discharges a firearm, other than from a motor
    
vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her
    
identity.
        (5) Knowingly and without lawful justification shines
    
or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
        (6) Uses a firearm, other than by discharging the
    
firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical services personnel, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or
        
her official duties; or
            (iii) assaulted in retaliation for performing his
        
or her official duties.
        (7) Without justification operates a motor vehicle in
    
a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in
    
a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
        (9) Knowingly video or audio records the offense
    
with the intent to disseminate the recording.
    (d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.
    (e) For the purposes of this Section, "Category I weapon", "Category II weapon", and "Category III weapon" have the meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)

    
Notes of Decisions
Cited in 149 cases (72 in the last 5 years), 1993–2026 · leading case: People v. Vingara
Sort: Relevance Newest Treatment
People v. Vingara (2023) illappct “Count IV alleged aggravated assault (720 ILCS 5/12-2(c)(1) (West 2022)), a Class A misdemeanor.”
People v. Brown (2010) ill “BACKGROUND Petitioner was charged with two counts of attempted first degree murder of a peace officer (720 ILCS 5/9-1(a)(1) (West 2002)), and two counts of aggravated assault (720 ILCS 5/12-2(a)(6) (West 2002)). At the bench trial, the testimony showed petitioner lived in an…”
People v. Minssen (2024) illappct · cites it 2× “1)(i) (West 2022) (miscited in the charging instrument as “720 ILCS 5/12-2(4.1)(i)”)), aggravated battery (720 ILCS 5/12-3.”
People v. Maas (2019) illappct · cites it 3× “08 or more (aggravated DUI) (625 ILCS 5/11-501(d)(1)(C) (West 2014)), failure to report a motor vehicle accident involving personal injury (625 ILCS 5/11-401(b) (West 2014)), attempted theft (720 ILCS 5/8-4(a), 16-1(a)(1)(C) (West 2014)), two counts of aggravated assault (720…”
People v. Brown (2023) illappct · cites it 3× “1)(i) of the Code (720 ILCS 5/12-2(b)(4.1)(i) (West 2020)), which addresses aggravated assaults against peace officers.”
People v. Hileman (2020) illappct · cites it 2× “See 720 ILCS 5/12-2(b)(4)(i) (West 2014). As such, a threat of serious harm is not inherent in that charge.”
In Re Gino W. (2005) illappct · cites it 2× “Following a bench trial, the trial court adjudicated respondent delinquent based on a finding of guilty as to six offenses, one of which was aggravated assault (720 ILCS 5/12-2(a)(1) (West 2002)) against Bradley.”
People v. VanHoose (2020) illappct “VanHoose, finds those threats to be credible, and thus, the defendant is found to be guilty of the offense of assault in violation of statutory [s]ection 720 ILCS 5/12-2 [sic] [(West 2016)]. That’s a Class C misdemeanor.”
People v. Pacheco (2023) ill “¶2 BACKGROUND ¶3 The State charged Pacheco with aggravated assault (720 ILCS 5/12-2(b)(4)(i), (c)(8) (West 2012)), attempted aggravated battery (id.”
Avila v. Pappas (2010) ca7 “Compare 720 ILCS 5/12-9 with 720 ILCS 5/12-2(a)(10). The State’s Attorney of Cook County charged Avila with a felony, on the ground that Michael Shine, one of three persons Avila had mentioned as potential targets, was a public official because the Treasurer had appointed him to…”
People v. Wilson (2010) illappct “FACTS Defendant proceeded to a jury trial on two charges: resisting a peace officer resulting in an injury to the officer (720 ILCS 5/31-1(a-7) (West 2006)); and aggravated assault (720 ILCS 5/12-2(a)(6) (West 2006)). Bradley Scott, a Peoria police officer, testified that on…”
United States v. Ramone Shaffers (2022) ca7 “6 The relevant language now appears in 720 ILCS 5/12-2(b)(4.1). No. 21-1134 19 not.”
Show all 149 citing cases →
— 720 ILCS 5/12-2(a) — 14 cases
People v. Phagan (2019) illappct
People v. Phagan (2019) illappct
People v. Cluster (2018) illappct
People v. Cluster (2018) illappct
People v. Raisbeck (2025) illappct
— 720 ILCS 5/12-2(a)(1) — 11 cases
In Re Gino W. (2005) illappct “Following a bench trial, the trial court adjudicated respondent delinquent based on a finding of guilty as to six offenses, one of which was aggravated assault (720 ILCS 5/12-2(a)(1) (West 2002)) against Bradley.”
In re Shelby R. (2013) ill
In re Shelby R. (2013) ill
Justice v. TOWN OF CICERO, ILL. (2011) ilnd
People v. Challans (2024) illappct
— 720 ILCS 5/12-2(a)(10) — 2 cases
Avila v. Pappas (2010) ca7 “Compare 720 ILCS 5/12-9 with 720 ILCS 5/12-2(a)(10). The State’s Attorney of Cook County charged Avila with a felony, on the ground that Michael Shine, one of three persons Avila had mentioned as potential targets, was a public official because the Treasurer had appointed him to…”
Maria Avila v. Maria Pappas (2010) ca7
— 720 ILCS 5/12-2(a)(13) — 3 cases
People v. Peterson (1995) illappct
People v. Fornear (1996) illappct
People v. Wayman (2008) illappct
— 720 ILCS 5/12-2(a)(14) — 1 case
People v. Graves (2002) illappct
— 720 ILCS 5/12-2(a)(16) — 4 cases
Perez v. The Illinois Concealed Carry Licensing Review Board (2016) illappct
Perez v. Illinois Concealed Carry Licensing Review Board (2016) illappct
Perez v. The Illinois Concealed Carry Licensing Review Board (2016) illappct
Perez v. The Illinois Concealed Carry Licensing Review Board (2016) illappct
— 720 ILCS 5/12-2(a)(3) — 1 case
People v. Graves (2002) illappct
— 720 ILCS 5/12-2(a)(6) — 14 cases
People v. Brown (2010) ill “BACKGROUND Petitioner was charged with two counts of attempted first degree murder of a peace officer (720 ILCS 5/9-1(a)(1) (West 2002)), and two counts of aggravated assault (720 ILCS 5/12-2(a)(6) (West 2002)). At the bench trial, the testimony showed petitioner lived in an…”
People v. Wilson (2010) illappct “FACTS Defendant proceeded to a jury trial on two charges: resisting a peace officer resulting in an injury to the officer (720 ILCS 5/31-1(a-7) (West 2006)); and aggravated assault (720 ILCS 5/12-2(a)(6) (West 2006)). Bradley Scott, a Peoria police officer, testified that on…”
People v. Walker (2018) illappct
People v. Gonzalez (2011) illappct
People v. Walker (2018) illappct
— 720 ILCS 5/12-2(a)(9) — 1 case
People v. Childs (1999) illappct
— 720 ILCS 5/12-2(b) — 15 cases
United States v. Ramone Shaffers (2022) ca7 “6 The relevant language now appears in 720 ILCS 5/12-2(b)(4.1). No. 21-1134 19 not.”
People v. Minssen (2024) illappct “1)(i) (West 2022) (miscited in the charging instrument as “720 ILCS 5/12-2(4.1)(i)”)), aggravated battery (720 ILCS 5/12-3.”
People v. Brown (2023) illappct “1)(i) of the Code (720 ILCS 5/12-2(b)(4.1)(i) (West 2020)), which addresses aggravated assaults against peace officers.”
People v. Towner (2022) illappct
People v. Gardner (2024) illappct
— 720 ILCS 5/12-2(b)(1) — 1 case
People v. Challans (2024) illappct
— 720 ILCS 5/12-2(b)(2) — 1 case
People v. Bogguess (2025) illappct
— 720 ILCS 5/12-2(b)(4) — 4 cases
People v. Bardsley (2017) illappct
People v. Bardsley (2017) illappct
People v. Pitts (2021) illappct
People v. Diazsandi (2026) illappct
— 720 ILCS 5/12-2(b)(4)(i) — 12 cases
People v. Pacheco (2023) ill “¶2 BACKGROUND ¶3 The State charged Pacheco with aggravated assault (720 ILCS 5/12-2(b)(4)(i), (c)(8) (West 2012)), attempted aggravated battery (id.”
People v. Brown (2023) illappct “1)(i) of the Code (720 ILCS 5/12-2(b)(4.1)(i) (West 2020)), which addresses aggravated assaults against peace officers.”
People v. Hileman (2020) illappct “See 720 ILCS 5/12-2(b)(4)(i) (West 2014). As such, a threat of serious harm is not inherent in that charge.”
People v. Gillon (2016) illappct
People v. Gillon (2017) illappct
— 720 ILCS 5/12-2(b)(5) — 4 cases
United States v. Elleck Christopher Vesey (2020) ca7
United States v. Elleck Christopher Vesey (2020) ca7
People v. Killebrew (2019) illappct
People v. Thomasson (2025) illappct
— 720 ILCS 5/12-2(b)(5)(i) — 1 case
People v. Jackson (2024) illappct
— 720 ILCS 5/12-2(b)(6) — 1 case
People v. Butler (2019) illappct
— 720 ILCS 5/12-2(b)(6)(i) — 1 case
People v. Killebrew (2019) illappct
— 720 ILCS 5/12-2(b)(7) — 1 case
People v. Warner (2021) illappct
— 720 ILCS 5/12-2(b)(8) — 2 cases
People v. Chaney (2024) illappct
People v. King (2022) illappct
— 720 ILCS 5/12-2(c) — 2 cases
Baggs v. Steele (2020) ilcd
People v. Chaney (2024) illappct
— 720 ILCS 5/12-2(c)(1) — 26 cases
People v. Vingara (2023) illappct “Count IV alleged aggravated assault (720 ILCS 5/12-2(c)(1) (West 2022)), a Class A misdemeanor.”
People v. Janosek (2021) illappct
People v. Gladney (2020) illappct
People v. Williams (2024) illappct
People v. Patterson (2024) illappct
— 720 ILCS 5/12-2(c)(2) — 1 case
People v. Strong (2025) illappct
— 720 ILCS 5/12-2(c)(3) — 1 case
People v. Nakhleh (2021) illappct
— 720 ILCS 5/12-2(c)(4) — 1 case
People v. Ellis (2021) illappct
— 720 ILCS 5/12-2(c)(5) — 2 cases
People v. Thompson (2017) illappct
People v. Thompson (2017) illappct
— 720 ILCS 5/12-2(c)(6) — 3 cases
People v. Warren (2025) illappct
People v. Downey (2023) illappct
Foster v. O'Rourke (2023) ilnd
— 720 ILCS 5/12-2(c)(6)(i) — 1 case
People v. Thompson (2017) illappct
— 720 ILCS 5/12-2(c)(7) — 12 cases
People v. Prather (2022) illappct
People v. Martin (2024) illappct
People v. Davis (2020) illappct
Douglas v. Village of Palatine (2020) ilnd
Douglas v. Village of Palatine (2021) ilnd
— 720 ILCS 5/12-2(c)(8) — 4 cases
People v. Maas (2019) illappct “08 or more (aggravated DUI) (625 ILCS 5/11-501(d)(1)(C) (West 2014)), failure to report a motor vehicle accident involving personal injury (625 ILCS 5/11-401(b) (West 2014)), attempted theft (720 ILCS 5/8-4(a), 16-1(a)(1)(C) (West 2014)), two counts of aggravated assault (720…”
In re M.M. (2020) illappct
Douglas v. Village of Palatine (2020) ilnd
James A. Pacheco v. City of Joliet, a municipal corporation, Officer Adam Stapleton (Star No. 286), Officer Eric Zetterg (2025) ilnd
— 720 ILCS 5/12-2(d) — 6 cases
People v. Hileman (2020) illappct “See 720 ILCS 5/12-2(b)(4)(i) (West 2014). As such, a threat of serious harm is not inherent in that charge.”
People v. Hileman (2020) illappct
People v. Warner (2021) illappct
In re Amarion S. (2023) illappct
People v. Rector (2020) illappct
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.