Crimes and Penalties

We wrote the chapters on Defenses, Arrests and Investigatory Stops, and Search and Seizure!

We wrote the chapters on Defenses, Arrests and Investigatory Stops, and Search and Seizure!

Bodily Harm:

Assault: Assault is defined as causing someone to fear that you are going to physically harm them. Simple assault is a Class C misdemeanor, punishable by up to 30 days in jail and up to a $1,500 fine. In addition, you may be ordered to perform between 30 and 120 hours of community service. (520 ILCS 5/12-1). See our related blog: The Illinois Law on Assault.

Aggravated Assault: Basically, you may be charged with a Class A misdemeanor, punishable by up to one year in jail and up to a $2,500 fine, if you cause someone to fear that you are going to physically harm them when using a deadly weapon or when wearing a disguise or the victim was over the age of 60 or physically handicapped. You may also be charged with a Class A misdemeanor if you threaten various government officials such as case workers or teachers. (520 ILCS 5/12-2). See our related blog: The Illinois Law on Assault.

If you shoot a weapon from a car, you may be charged with a Class 4 felony, punishable by one to three years in jail and up to a $25,000 fine. (520 ILCS 5/12-2)

Aggravated Battery: Aggravated battery can be based on the type of injury, the type of victim or the place of the offense. Charges can range from a Class 3 to a Class X Felony with a penalty range of 3 to 60 years in prison. If guns are involved, you could face a minimum prison term of 20 years and have up to 25 years added to any sentence if you harmed a child under the age of 13. See our related blog: Illinois Aggravated Battery Law.

Battery: You may be charged with battery if you cause bodily harm to or make physical contact of an insulting or provoking nature with a person. This is a Class A Misdemeanor, punishable by up to 1 year in jail and up to a $2,500 fine. (520/ILCS 5/12-3). See our related blog: Illinois Aggravated Battery Law.

Battery to an Unborn Child: If you intentionally cause physical harm to an unborn child, you may be guilty of a Class A Misdemeanor, punishable by up to 1 year in jail and up to a $2,500 fine. (520/ILCS 5/12-3.1)

Domestic Battery: If you cause bodily harm or make physical contact of an insulting or provoking nature to a member of your household, you may be charged with domestic violence. A first offense is a Class A Misdemeanor, punishable by up to 1 year in jail and up to a $2,500 fine. A prior conviction or use of a weapon is a Class 4 Felony, punishable from 1 to 3 years in prison and up to a $25,000 fine. There are additional penalties for committing domestic violence in the presence of a child. (520/ILCS 5/12-3.2). See our related blog: Illinois Cracks Down on Domestic Violence Offenders.

Vehicular Endangerment: If you throw something off an overpass at a car, you may be charged with a Class 2 felony, punishable from to 3 to 7 years in jail and up to a $25,000 fine. If death results, you may be charged with a Class 1 felony, punishable up to four to 15 years in jail and up to a $25,000 fine. (520/ILCS 5/12-2.5).DSCF1101_1

Retail Theft (720/ILCS 5/16A-10):

See our related blogs: From Shoplifting to Removing Price Tags: Retail Theft Law in Illinois and Retail Theft: Second Offense and Beyond.

Up to $300: First offense: You may be charged with a Class A misdemeanor, punishable by up to 1 year in jail and up to a $2,500 fine. If you used an emergency exit, it is a Class 4 felony, punishable by 1 to 3 years in jail and up to a $25,000 fine. Subsequent offenses: You may be charged with a Class 3 felony, punishable from 2 to 5 years in prison and up to a $25,000 fine.

Above $300: You may be charged with a Class 3 Felony, punishable by 2 to 5 years in prison and up to a $25,000 fine. If you used an emergency exit, you may be charged with a Class 2 Felony, punishable by 3 to 7 years in prison and up to a $25,000 fine.

Robbery: You may be charged with robbery if you take something from another person (other than a car) by force. Robbery is a Class 2 felony, punishable by 3 to 7 years in prison and up to a $25,000 fine. If the victim is elderly or a child or a day care, robbery can be a Class 1 felony, you may be punished by 4 to 15 years in prison and up to a $25,000 fine. (720 ILCS 5/18-1.) See our related blog at: The Law of Retail Theft, Theft, Robbery and Burglary in Illinois.

©2014 Matt Keenan. This website is designed for general information only. The information presented at this website should not be construed as formal legal advice nor the formation of a lawyer/client relationship.