Charged With Assault or Battery in Illinois?
A heated moment can lead to serious consequences. In Illinois, assault and battery are criminal charges that can result in jail time, steep fines, and a permanent criminal record. This is so even if no one was seriously hurt. Whether you’re facing a misdemeanor simple battery or a felony aggravated battery charge, the consequences can follow you for life, so it is likely in your best interest to work with an experienced Illinois criminal defense attorney.
What’s the Difference Between Assault and Battery in Illinois?
Illinois law makes a clear distinction between assault and battery:
Assault (720 ILCS 5/12-1)
Assault is the threat or attempt to cause bodily harm that makes another person fear immediate physical danger. It does not require physical contact.
Examples:
Raising a fist at someone
Verbal threats combined with aggressive movement
Lunging at someone in a fight
Classified as a Class C misdemeanor, punishable by:
Up to 30 days in jail
Up to $1,500 in fines
Court supervision, which may keep the charge off your record
Battery (720 ILCS 5/12-3)
Battery involves actual physical contact that causes bodily harm or is insulting/provoking.
Examples:
Punching or slapping someone
Pushing during an argument
Spitting on someone
Grabbing or shoving
Battery is a Class A misdemeanor, punishable by:
Up to 1 year in jail
Up to $2,500 in fines
Mandatory counseling or anger management
You can be charged with both assault and battery in the same case.
Aggravated Assault and Aggravated Battery (Felony Charges)
Illinois law elevates charges based on several aggravating factors:
Aggravated Assault (720 ILCS 5/12-2)
Charged when:
A weapon is involved (gun, knife, bat, vehicle)
The alleged victim is a protected person (e.g., police officer, teacher, elderly)
The assault happens in a public place (e.g., school, transit, park)
Often charged as a Class A misdemeanor or Class 4 felony
Penalties: Up to 3 years in prison
Aggravated Battery (720 ILCS 5/12-3.05)
Charged when:
Serious bodily injury occurs
The act involves strangulation or use of a deadly weapon
The victim is a child, senior, disabled person, or government employee
The incident occurs on school grounds or during a domestic dispute
Aggravated battery is often a Class 3, 2, or 1 felony, punishable by 2–15 years in prison, or more with enhancements.
Legal Defenses to Assault & Battery Charges
Good attorneys will examine every angle of your case to identify defenses. Defenses we typically look at include but are not limited to:
Self-defense or defense of others
Lack of intent (accidental or incidental contact)
False allegations or mistaken identity
Lack of credible witnesses
Violation of rights during arrest or questioning
We also fight for dismissals, charge reductions, or alternative sentencing when possible.
217 Law Attorneys
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Courtney Anderson
Courtney practices criminal defense, family law, and personal injury. Never shy of a difficult or high-profile case, she has won numerous awards for her advocacy, including recently being selected as a finalist for top lawyer in Macon County.
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Fallon Conner
Fallon practices criminal defense and family law. As a former prosecutor, she has unique insight into the criminal justice system. She enjoys being in the courtroom and has a great track record of success in bench and jury trials.
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Zach Anderson
Zach focuses on helping injured clients with workers compensation, personal injury, and products liability claims. He has successfully resolved multiple single-party injury cases for over $1 million, and has helped recover millions for users of bad products.
We want to work with you.
Phone:
217-217-0217
Address:
132 S. Water St., Suite 628. Decatur, IL 62523
Email:
info@217law.com
Where We Work:
We help clients throughout the 217 area code with injury claims and general civil litigation. We practice criminal defense and family law in Macon and surrounding counties.
