Crime & Traffic

Under Illinois law, 720 ILCS 5/12-1, assault happens when “someone engages in conduct which places another in reasonable apprehension of receiving a battery.” This generally means that a person commits an assault when they act in a way that makes another person reasonably fear they are about to be physically harmed.

Using words alone is usually not assault An unlawful attack by one person upon another person, including aggravated assault, simple assault, and intimidation. unless the situation would make a reasonable person fear they are about to be physically harmed. Examples of assault include:

• Raising a fist at someone,
• Making verbal threats of violence, and
• Pointing a gun at someone.

Under Illinois law, 720 ILCS 5/12-3, battery happens when a person:

• Intentionally or knowingly causes bodily harm to someone, or
• Makes physical contact of an insulting or provoking nature with someone, such as poking someone or intentionally bumping into them, even if it does not lead to physical harm.

The person must act without legal justification, such as self-defense.

Battery does not always require serious injury. Even minor contact can be enough. For example, courts have found that a finger poke in the chest is a battery. Causing physical pain can also be bodily harm. Any threatening physical contact, such as spitting on someone, can be bodily harm.

Domestic battery, 720 ILCS 5/12-3.2, is battery committed against a family or household member. There may be more severe punishments for domestic battery:

• Committed in front of a child, or
• If the defendant has prior convictions.

Aggravated assault is a more serious crime than simple assault. It depends on factors such as how the assault was committed, where it happened, and who the victim was.

For example, an assault may be charged as aggravated if it is committed:

• With a deadly weapon,
• While the person is hooded, masked, or concealing their identity, or
• At specific locations such as religious spaces and domestic violence shelters.

The victim's identity matters as well. Assaults against the following types of victims may turn a simple assault into an aggravated assault:

• People age 60 or older,
• Teachers,
• Coaches,
• Hospital workers, and
• People who are pregnant or who have a disability.

Aggravated battery is a more serious crime than simple battery. The difference depends on the severity of the harm, how the act was committed, where it happened, and who the victim was.

A battery may be charged as an aggravated battery if it involves:

• Causing bodily harm to a person known to have a physical or intellectual disability,
• Using a deadly weapon,
• Causing great bodily harm, permanent disability, or disfigurement, or
• Battering someone on public property.

Simple assault is a Class C misdemeanor and can result in up to 30 days in jail and up to a $1500 fine. The penalties for aggravated assault are greater. Aggravated assault can be charged as a Class A misdemeanor or Class 4 felony, depending on the facts of the case. A Class A misdemeanor can result in up to 1 year in jail and a fine of up to $2,500. A Class 4 felony can result in 1 to 3 years in prison and a fine of up to $25,000.

The penalties for aggravated battery are greater than the penalties for simple battery. Simple battery is a Class A misdemeanor. Possible penalties for a simple battery can include supervision, probation, jail time of up to 1 year, and a fine of up to $2500.

Aggravated battery is a felony. The sentence depends on the level of the charge, but it can include several years in prison, such as 2 to 5 years for a Class 3 felony, and fines of up to $25,000.