Illinois assault laws are simple on paper, but nothing is straightforward when it is you who are facing serious criminal charges. You may not believe you truly injured someone without justification, or put them in fear of harm, but that is what you are accused of.
Assault and battery offenses aren’t taken lightly in the Illinois criminal courts. When there could be the potential to go to prison, you need to make every effort to ensure your rights are protected in court.
If you’re facing assault charges in Illinois, contact us to speak with a local attorney that may be able to help.
Illinois Assault – Laws & Penalties
In the overwhelming majority of cases, assault is considered a Class C misdemeanor. This means that you could spend up to 30 days in jail for a conviction and be ordered to pay up to $1,500 in fines.
You may be facing this charge if there is evidence that you engaged in conduct which placed someone in fear of harm. You may have verbally threatened them or even physically chased them with fists clenched. You don’t have to physically touch or hurt anyone to face this assault charge.
If convicted of this charge, you will be required to serve between 30 and 120 hours of community service.
Your assault charge could be elevated to an aggravated assault charge if any of the following circumstances are present:
- A firearm or other deadly weapon is used,
- If you are hooded or disguised during the commission, or
- The alleged victim is a teacher, police officer, park employee, health and family services employee, a private security officer, fireman, law enforcement, elderly, handicapped, coach, or any number of other designated individuals.
Typically, aggravated assault is considered a Class A misdemeanor. This carries a potential 1 year jail sentence and a fine reaching $2,500.
However, if the victim is in law enforcement, a correctional employee, or even a sports coach, you could face a Class 4 felony charge and a potential 3 years in the state prison system. This level of offense also carries a potential $25,000 fine.
The offense of battery under Illinois law includes: causing bodily harm to someone: or making contact with someone that is either insulting or provoking. Shoving someone, or even poking them in the chest could be considered battery offenses.
Battery is considered more offensive and treated with greater seriousness in court because of the presence of physical contact and potential harm.
In most situations, battery is a Class A misdemeanor offense carrying up to one year in jail and $2,500 in fines.
If the battery you are suspected of committing causes great bodily harm or permanent disability, you could face felony charges. You can also face aggravated battery charges if you use a firearm in the commission of the offense.
This is considered a Class 3 felony which carries a potential 2 to 5 years in prison and fines reaching $25,000.
Ref: 720 ILCS Article 12
Whether you are facing charges of assault or as serious as aggravated battery, you need an experienced criminal defense lawyer on your side advocating on your behalf.