Legal Question in Criminal Law in Illinois

step son arrested

18 yr. old step son arrested for public intoxication as a minor. We bailed him out of jail. Later that night he was arrested again for aggravated assault against his mother. Back in jail, and there he sits. What should be expect from a judge as the due punishment?He lives with his mother, dropped out of school last fall and has no job.


Asked on 3/17/08, 12:43 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: step son arrested

I would need to know more information. Aggravated assault involves only a threat with a weapon of some sort. Nothing more. That is a Class 4 felony, for which he could spend 1 to 3 years in prison. Aggravated battery is more than a threat. There was some kind of unlawful contact, usually with a weapon. If the mother was 65 or older, it could be a Class X offense. That carries 6 to 30 years in prison with no chance of getting probation. The reason I am explaining both to you is that most people confuse the difference between assault and battery. He would be eligible for probation for aggravated assault, and normally for aggravated battery, as well (except for the instance mentioned above, and possibly for the use of a gun). Good luck.

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Answered on 3/17/08, 2:38 pm
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: step son arrested

Punishment depends on several individual factors, and of course the actual conviction.

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Answered on 3/17/08, 2:46 pm


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