The Criminal Side of Road Rage: Can Bad Driving Be a Felony?

 Posted on July 24, 2025 in Criminal Law

Most drivers have experienced frustration behind the wheel, but when that frustration turns into deliberately aggressive behavior, the legal consequences can be serious. In the state of Illinois, road rage is more than just dangerous; it can also result in criminal charges.

What begins as an angry honk or a rude gesture can quickly escalate into reckless driving, assault, or even felony charges. If you are facing road rage-related charges, you must take these charges seriously. An experienced Naperville, Illinois criminal defense lawyer can explain your options and the penalties you could face while building an aggressive defense on your behalf.  

What Are the Distinctions Between Aggressive Driving and Road Rage?

Anyone who has driven for any length of time has been there: A driver makes an unexpected lane change, swerves in front of another driver, and the urge to yell, honk the horn, or make a rude gesture is strong. Unchecked emotions behind the wheel can lead to unexpected consequences, resulting in far-reaching and less-than-pleasant outcomes. In the state of Illinois, Aggressive driving is defined as a series of traffic violations that are motivated by impatience or frustration.

Road rage, on the other hand, is a violent, intentional act stemming from extreme anger. Aggressive driving can include behaviors such as speeding, tailgating, making unsafe lane changes, or taking a chance on running a red light. Aggressive driving is often a result of feeling rushed and annoyed by time constraints and other drivers. While aggressive driving behaviors can be risky, they are not malicious. There is no specific intent to cause harm; rather, the behaviors are an expression of frustration or impatience.

Road rage can include physical assault, brandishing weapons, or intentionally causing collisions. Road rage is malicious and intentional, involving deliberate actions with the specific intent to harm or intimidate a specific driver. Depending on the severity of the actions, road rage can be a criminal offense, leading to misdemeanor or felony charges. In short, road rage behaviors take an incident to a whole new level with a dangerous escalation of anger.

What Are the Consequences of Aggressive Driving?

Both aggressive driving incidents and road rage are likely to be charged under the Illinois reckless driving statutes (625 ILCS 5/11-503), with the differences in penalties lying in the intent of the driver and whether there were injuries to others. Driving too fast, tailgating, and running a red light individually are specific traffic offenses.

The driver could be charged with reckless driving as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. A reckless driving conviction can result in points being added to your driving record, and for drivers under 21, it can lead to a license suspension.

What Are the Consequences of Road Rage?

A road rage incident that causes significant bodily harm, permanent disability, or disfigurement can be charged as aggravated reckless driving, a Class 4 felony offense. Penalties can include up to three years in prison and fines of up to $25,000. If a child or an on-duty crossing guard is injured, reckless driving charges can be increased to aggravated reckless driving. Other potential charges for road rage incidents that will depend on the specific circumstances include:

• Assault/Aggravated Assault when the road rage incident involved actions that caused fear of physical harm.
• Battery/Aggravated Battery if the road rage incident led to physical harm or contact of an insulting nature.
• Vehicular Assault/Homicide if the road rage incident leads to severe injury or death.

Contact a DuPage County, IL Defense Lawyer

If you have been charged with a criminal offense stemming from an Illinois road rage incident, you need to understand that cases like this can become serious very quickly. An experienced Naperville, IL reckless driving attorney from Appelman Law LLC can protect your rights and help you move forward. Attorney Appelman understands how a single incident of poor judgment can significantly impact your life and will aggressively defend your charges. Call 630-717-7801 to schedule your free consultation.