The Difference Between Aggravated Assault and Attempted Murder

 Posted on April 23, 2025 in Criminal Defense

Aggravated assault and attempted murder are among the most violent crimes. Both are serious charges that carry severe penalties if convicted. If you have been charged with either of these crimes, you should contact an experienced Cook County, IL violent crimes attorney to learn more about the specific charges against you and what defense strategy would work best in your case.

Definitions of Aggravated Assault and Attempted Murder

According to Illinois statute 720 ILCS 5/12-2, aggravated assault is a form of assault that is escalated by specific factors. Typically, if you use a dangerous weapon or behave in a way that implies that you will use a deadly weapon to cause someone bodily harm, you can be charged with aggravated assault. A deadly weapon could be a firearm, a vehicle, or any object that could be considered a weapon.

Attempted murder is a more severe offense. Murder is the act of killing a human being, and under Illinois statute 720 ILCS 5/8-4, an attempt is defined as "any act that constitutes a substantial step toward the commission of that offense." The intent behind your behavior is a critical consideration for this charge and will play a role in building your defense.

Common Defenses for an Aggravated Assault Charge

A successful defense strategy can often at least help reduce the severity of penalties. Possible defenses for aggravated assault include:

• Acting in self-defense if you were trying to protect yourself from possible harm caused by the other party
• Acting in defense of someone you thought the other party was trying to assault
• Being mistakenly identified, often because you resembled the attacker and were in the wrong place at the wrong time

If you act quickly and speak with a criminal defense attorney about the details of the case, you may be able to challenge the prosecution’s accusations against you and reduce the impact of an aggravated assault charge.

Common Defenses for an Attempted Murder Charge

Attempted murder, especially if it is first-degree, can result in a life sentence if convicted. However, since it does not actually result in someone’s death, you have more avenues for defense than you would for a murder charge.

The most common defense is to prove a lack of intent or awareness of your actions. You may also be able to argue that there is no evidence of pre-planning the attack. Negotiating a plea bargain is possible, but that can be challenging in attempted murder cases. A knowledgeable attorney will consider all elements of the incident to determine the best course of legal action.

Call an Experienced Chicago, IL Aggravated Assault Attorney Today

Charges for aggravated assault or attempted murder are not to be taken lightly. The consequences if convicted are life-changing for you and your family. The Illinois attempted murder lawyer at Law Offices of James F. DiQuattro will meticulously investigate the sequence of events that led to your charge and listen to the full story from your perspective. Call 312-627-9482 to schedule your free consultation and start planning your defense today.