In common parlance, the word assault is often used interchangeably with the term battery. Under Illinois law, however, assault and battery are completely separate criminal offenses. Whereas battery requires physical contact of a harmful or provoking nature, assault can happen based on mere words or conduct. In the most severe situations, such as use or discharge of a firearm, an offender could even face charges for aggravated assault.
What is the Illinois Definition of Assault?
The Illinois definition of aggravated assault appears at 720 ILCS 5/12-1. Under this section, a person commits assault if they knowingly act in a way that creates a reasonable fear of battery. The perpetrator must also act without legal authority.
How Does Illinois Penalize Assault?
Section 12-1 also establishes the Illinois punishment for assault. The standard charge for an assault offense is a Class C misdemeanor. If convicted for this class of misdemeanor, the maximum penalty can include 30 days in jail and $1,500 in criminal fines. Though the Illinois courts may order a 24-month sentence of probation instead.
In addition to the criminal penalties above, assault crimes also come with a community service requirement. Upon conviction or probation for assault, the offender must complete a minimum of 30 hours and a maximum of 120 hours of community service.
What is the Illinois Definition of Aggravated Assault?
The Illinois definition of aggravated assault appears at 720 ILCS 5/12-2. Under this section, a regular assault crime becomes aggravated assault based on:
- Location of Conduct – The offense occurs at a public property, place of accommodation or amusement, sports venue, or religious place of worship.
- Status of Victim – The victim of the offense is disabled or elderly or serving as a teacher, park district employee, community policing volunteer, utility worker, private security, police or corrections officer, firefighter or first responder, sports coach, process server, transit employee, or state government employee.
- Use of Deadly Weapon – The perpetrator uses a deadly weapon, firearm, or motor vehicle to complete the offense, conceals their identity with a mask, hood, or robe, or intentionally records the offense for future dissemination.
As noted above, there are many different types of aggravated assault under Illinois law. But the punishment for aggravated assault can vary greatly depending on the circumstances of the offense.
How Does Illinois Penalize Aggravated Assault?
Section 12-2 also furnishes the Illinois punishment for aggravated assault. In the majority of cases, aggravated assault is normally charged as a Class A misdemeanor. If convicted for this class of misdemeanor, the maximum penalty can include 364 days in jail and $2,500 in criminal fines. Probation of up to 24 months is available for this type of misdemeanor.
In certain situations, however, aggravated assault becomes a Class 4 felony. If convicted for this class of felony, the penalty can include one to three years in prison and $25,000 in criminal fines. Probation of up to 30 months is available for this type of felony. Aggravated assault that involved discharge of a firearm, for example, is typically charged as a Class 4 felony.
Finally, aggravated assault can be charged as a Class 3 felony. This type of charge applies when the perpetrator uses a motor vehicle to create reasonable fear or discharges a firearm from a motor vehicle. If convicted for a Class 3 felony, the penalty can include a prison sentence between two and five years as well as $25,000 in criminal fines. Though it is possible to receive a 30-month sentence of probation for this type of felony.