What criteria must be met for an aggravated assault conviction?

UPDATED: Apr 16, 2009

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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


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

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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