What criteria must be met for an aggravated assault conviction?

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What criteria must be met for an aggravated assault conviction?

two adult males, both with guns, both shot their guns. unclear who drew first or who shot first. bullet fragments found were unhelpful in identifying the gun. guns not recovered. resulted in the death of one unrelated victim.this question comes after the close of the trial.

Asked on April 16, 2009 under Criminal Law, Illinois

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the Illinois Criminal Code, an assault is the threat of physical harm or battery that puts a person in fear of harm or injury.

That action may be charged as an aggravated assault if you use, threaten to use, or brandish a weapon or firearm.

In your case, there is no indication that the victim was ever threatened by a gun. In fact, the Code states that the use of a weapon or firearm must be for other than by simply discharging a weapon/firearm in the direction of another person. Here, the victim was an unfortunate bystander, shot by guns not intended to hit him.


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