Illinois does not have a standalone crime called brandishing. When someone displays a weapon in Illinois in a threatening way, prosecutors charge the conduct under the aggravated assault statute, 720 ILCS 5/12-2. The baseline offense is a Class A misdemeanor punishable by up to 364 days in jail, but it becomes a felony when a firearm is discharged or when the person threatened is a police officer, firefighter, paramedic, correctional officer, or other protected worker on duty.1Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/12-2 – Aggravated Assault
What the State Actually Charges
Simple assault under 720 ILCS 5/12-1 is knowingly engaging in conduct that places another person in reasonable fear of being struck or physically harmed. No contact is required. The offense turns on the victim’s perception: would a reasonable person in the same situation feel an immediate physical threat?2FindLaw. Illinois Code 720-5/12-1 – Assault
Aggravated assault takes that base offense and adds a factor that makes it worse. The factor most people describe as brandishing is the use of a firearm, other deadly weapon, air rifle, or realistic-looking imitation firearm during the threatening conduct. Pointing a gun at someone during an argument, pulling a knife and waving it at a neighbor, or raising a bat and stepping toward someone all fit inside that subsection.1Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/12-2 – Aggravated Assault
Context matters. A legally holstered firearm visible under a jacket, without any threatening gesture or statement, does not meet the standard. The law targets the active use of a weapon to create fear, not mere possession. Prosecutors have to show two things: the defendant acted intentionally, and a reasonable person in the victim’s position would have felt an immediate physical threat.
When It Stays a Misdemeanor
Displaying a deadly weapon to threaten another person, without discharging a firearm and without a protected victim, is a Class A misdemeanor. Penalties include up to 364 days in county jail, a fine of up to $2,500, and up to two years of probation or conditional discharge.3Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-55 – Class A Misdemeanors Sentence The court can also order 30 to 120 hours of community service.2FindLaw. Illinois Code 720-5/12-1 – Assault
This is the charge most people see when they flash a weapon during a confrontation, do not fire it, and the person threatened is a private citizen.
When It Becomes a Felony
Aggravated assault rises to a Class 4 felony under 720 ILCS 5/12-2 in several situations relevant to weapon display:
- The victim is a peace officer, firefighter, emergency management worker, or paramedic performing official duties.
- The victim is a correctional officer or probation officer on duty.
- A firearm is used, without being discharged, against a peace officer, firefighter, or similar protected person performing official duties.
- A firearm is discharged during the assault.
A Class 4 felony carries one to three years in state prison and a fine of up to $25,000, with extended-term sentencing reaching three to six years for defendants with qualifying prior convictions.4Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-45 – Class 4 Felonies Sentence5Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-50 – General Recidivism Provisions and Fines
A private security officer or community policing volunteer on duty is not among the categories that automatically make display a felony. Threatening one of those individuals is normally a Class A misdemeanor, though it becomes a Class 4 felony when the weapon used is a firearm or another weapon classified under the state’s Category I, II, or III system.
One common misconception: threatening someone at a school, park, place of worship, or on a public way is aggravated assault by location, but under the sentencing provision those offenses remain Class A misdemeanors. Location alone does not create a felony. It takes a protected victim category, a firearm discharge, or a similar aggravator on top.
What Counts as a Weapon
Illinois takes a broad view. Beyond firearms, the state’s weapons statute names switchblade knives, metal knuckles, throwing stars, blackjacks, daggers, razors, and stun guns, and includes a catch-all for any other dangerous or deadly weapon of a similar nature.6Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/24-1 – Unlawful Possession of Weapons Whether a firearm is loaded usually does not matter for aggravated assault, because the offense turns on the victim’s reasonable fear rather than the weapon’s actual capacity to fire at that moment. A realistic-looking imitation firearm can support the charge as well.
Everyday objects can qualify. A broken bottle, a heavy wrench, or a rock becomes a deadly weapon when wielded in a way that could cause serious injury or death. Courts look at how the object was used in the specific situation, not at whether it was designed as a weapon.
Self-Defense and Justifiable Display
Displaying a weapon can be legally justified. Under 720 ILCS 5/7-1, a person may use force when they reasonably believe it is necessary to defend against another’s imminent use of unlawful force. Force likely to cause death or great bodily harm is only justified to prevent imminent death, great bodily harm, or the commission of a forcible felony.
Inside a home, the protection is strongest. Under 720 ILCS 5/7-2, deadly force is permitted to stop a violent or tumultuous entry into a dwelling when the resident reasonably believes force is needed to prevent an assault on someone inside or to stop a felony within the dwelling, and there is no duty to retreat.7Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/7-2 – Use of Force in Defense of Dwelling
Outside the home the rules tighten. Illinois has no stand-your-ground law for public spaces, and a person in a public confrontation is generally expected to try to leave before resorting to force. Pulling a gun in a parking lot argument is not treated the same as defending against an intruder in a living room. For property that is not a dwelling, 720 ILCS 5/7-3 allows force to prevent trespassing or interference with belongings, but deadly force only to prevent a forcible felony. Waving a gun at someone stealing a package off the porch almost certainly exceeds what the statute allows.8FindLaw. Illinois Code 720-5/7-3 – Use of Force in Defense of Other Property
What a Conviction Does to Firearm Rights
An aggravated assault conviction involving a firearm reaches beyond jail time. Under 430 ILCS 65/8, the Illinois State Police will revoke a Firearm Owner’s Identification (FOID) Card if the holder has been convicted within the past five years of assault, aggravated assault, battery, or violation of an order of protection where a firearm was used or possessed. A felony conviction of any kind triggers permanent revocation.9Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/8 – Grounds for Denial or Revocation
Once revoked, the holder has 48 hours to surrender the card to local law enforcement or the Illinois State Police and complete a Firearm Disposition Record documenting every firearm in their possession, including make, model, and serial number of each and the name and FOID number of anyone receiving a transferred weapon. Missing the 48-hour window creates additional legal exposure.10Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/9.5 – Revocation of Firearm Owners Identification Card
A concealed carry license is tied directly to FOID eligibility. Under 430 ILCS 66/70, a CCL is automatically revoked when the holder loses FOID eligibility.11FindLaw. Illinois Code 430-66/70 – Revocation of License The practical effect is that a firearm-related aggravated assault conviction strips the right to own, possess, and carry firearms in Illinois for at least five years, and permanently if the conviction is a felony.
The federal layer catches people off guard. If the person threatened was a spouse, former spouse, parent, co-parent, or household member, a misdemeanor aggravated assault conviction can qualify as a misdemeanor crime of domestic violence under 18 U.S.C. ยง 922(g)(9), which permanently prohibits possessing, shipping, or receiving any firearm or ammunition.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal ban applies whether or not Illinois restores FOID eligibility after five years, and violating it is itself a federal felony.
Charges Prosecutors May Add or Substitute
Depending on the facts, other charges can appear alongside or instead of aggravated assault.
Reckless conduct under 720 ILCS 5/12-5 covers recklessly performing acts that endanger another’s safety.13Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/12-5 – Reckless Conduct It fits situations where someone handles a weapon carelessly rather than aiming a threat at a specific person, like waving a loaded gun around at a party. Basic reckless conduct is a Class A misdemeanor.
Disorderly conduct under 720 ILCS 5/26-1 is the fallback when the intent element of aggravated assault is hard to prove. It covers knowingly acting in a way that alarms others and provokes a breach of the peace.14Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/26-1 – Disorderly Conduct
Aggravated discharge of a firearm applies once display becomes firing. Under 720 ILCS 5/24-1.2, firing a gun at or into an occupied building, in the direction of another person, or toward a vehicle known to be occupied is a Class 1 felony carrying 4 to 15 years in prison.15Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/24-1.2 – Aggravated Discharge of a Firearm Firing within 1,000 feet of a school or toward law enforcement can raise it to a Class X felony with 6 to 30 years.
Civil Lawsuits Are a Separate Track
The person on the receiving end can also sue. Civil assault does not require physical contact. A plaintiff has to show that the defendant intentionally attempted or threatened to inflict injury, appeared able to follow through, and created a reasonable fear of imminent harm. The burden of proof is lower than in criminal court, requiring only that the claim be more likely true than not.
Damages can include medical costs, lost wages, emotional distress, and therapy. Because displaying a weapon is an intentional act, courts may also award punitive damages meant to punish the conduct and deter similar behavior. These consequences run independently of the criminal case and can be substantial even when the criminal charges end in a favorable plea or dismissal.