CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I
Also Known As: Aggravated Assault, Assault with Deadly Weapon, Assaulting Police Officer

720 ILCS 5/12-2

Sec. 12-2. Aggravated assault.

Illinois Compiled Statute
720 ILCS 5/12-2
Offense Description
Aggravated assault
Offense Classification
Class A Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 364 days county jail · Fine up to $2,500
Supreme Court Rule 551 Mandatory Court Appearance
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/12-2 (Aggravated assault) is classified as a Class A Misdemeanor. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Aggravated assault Official ILGA · 720 ILCS 5/12-2 -> Class A Misdemeanor Release on Notice Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 12-2. Aggravated assault.

(a)

(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)

(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)

(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)

(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)

(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)

(i) performing his or her official duties;

(ii)

(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)

(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)

(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)

(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)

(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)

(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.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/12-2 in Illinois?

Under Illinois law, 720 ILCS 5/12-2 (Aggravated assault) is classified as a Class A Misdemeanor.

Sentencing Scope: Up to 364 days county jail · Fine up to $2,500

Is a court appearance mandatory for 720 ILCS 5/12-2 under Illinois Supreme Court Rule 551?

No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Is an individual accused of 720 ILCS 5/12-2 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/12-2?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/12-2 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/12-2 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-12-2
Cross-Referenced ILCS Codes