This is the next article in my series on handling charges for assaulting a minor in Peoria, Illinois. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you or a loved one have been arrested. It is important to understand that both prosecutors and judges take such matters quite seriously. Having effective representation is crucial. In this article I will be discussing the handling of aggravated charges. If you need assistance, then contact my office today to speak with a criminal defense lawyer.
Illinois aggravated assault charges arise when a victim younger than thirteen suffers bodily harm, permanent disfigurement, or disability
An Illinois defendant can be charged with aggravated assault if they are over the age of eighteen and the victim is under the age of thirteen. Such charges will arise if the victim suffers bodily harm, permanent disfigurement, or a disability as a result. The aggravated assault of a minor will be charged as a Class X felony. This can result in a prison sentence of six to thirty years. This sentence can be increased by another fifteen to twenty-five years if a firearm was involved. Sentencing will usually cap at sixty years, depending on the level of harm. It must be understood that a defendant may also face additional charges that stem from the same chain of events.
A key element for the offense to reach the level of aggravated assault is that the offender must knowingly commit the act against someone who is under the age of thirteen. This means, for example, that if a nineteen-year-old were to get into a fight with a twelve-year-old, who is tall and mature-looking for his age, then the nineteen-year-old may be able to claim that he lacked knowledge of the age difference. As a practical matter, a defense that claims a lack of knowledge will be limited to situations such as this. Cases in which the defendant and the alleged victim know each other are unlikely to be ones in which “knowledge” may be asserted as a defense.
A key fact to remember is, as stated above, that a defendant may face multiple charges in addition to the aggravated assault. Consider the following example. Joe is a nineteen-year-old male who has recently broken up with his girlfriend of the same age. The girlfriend lives with her parents and her father has told Joe that he is to consider himself trespassed from the property. Joe drives by the house several times over the course of two weeks, and this scares the family. One night, Joe parks his car in front of the house and approaches the front door. The girlfriend’s twelve-year-old brother runs out and attempts to tell Joe to leave the property. Joe shoves the child to the ground, and the brother suffers a separated shoulder. Under this scenario, Joe would likely be charged with stalking, trespassing, and aggravated assault of a minor in one case. He would likely face a lengthy prison sentence if convicted.
Contact a Peoria defense lawyer immediately if you are charged with assaulting a minor
If you or a family member has been charged with aggravated assault against a minor then it is crucial that you speak with an attorney as soon as possible. It is not uncommon for individuals to not initially recognize the severity of such charges. Failing to give the matter the attention it deserves can result in a serious conviction which may have been avoided or otherwise minimized through a more favorable resolution. In addition to prison time, one may find themselves forced to register as a felon, prohibited from possessing a gun, and saddled with a criminal record which will make it more difficult to obtain housing or employment. Protecting your rights in such a situation is, therefore, crucial.
If you have been charged with aggravated assault then contact my office today to speak with a Peoria criminal defense lawyer. I understand that this is a serious time in your life, and my office will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation.
We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.