Illinois Assault and Battery Laws
Created by FindLaw's team of legal writers and editors | Last updated March 20, 2018
Overview of Illinois Assault and Battery Law
Although assault and battery are related crimes, the two terms are distinct criminal offenses under the laws of the state. A state prosecutor may charge the two offenses separately. However, because Illinois laws define an assault as "conduct which places another in reasonable apprehension of receiving a battery," an understanding of assault requires an understanding of battery.
A prosecutor must prove one of two types of conduct to prove a charge of battery:
- Conduct causing bodily harm to another person; or
- Insulting, provocative, or unwanted physical contact with another person.
In an assault, the defendant's conduct generally does not include physical contact or physical injury caused to the victim.
Aggravated Assault and Battery
In accordance with Illinois assault and battery laws, the state may elevate a charge of battery to aggravated battery, a more serious crime, under circumstances described by law. For example, any conduct causing severe bodily injury, disfigurement, or a permanent disability likely qualifies as an aggravated battery. State law also requires a charge of aggravated battery if the defendant used a firearm or deadly weapon, used an explosive device, or caused harm to a specified person such as a child or peace officer. Similar circumstances can elevate a charge of assault to aggravated assault.
For a charge of either assault or battery, the prosecutor must show that the defendant knowingly committed the act.
Illinois Assault and Battery Laws Overview
Below you will find key provisions of Illinois's assault and battery laws.
Statutes |
Illinois Statutes Chapter 720 (Simple Assault) Illinois Statutes Chapter 720 (Aggravated Assault) Illinois Statutes Chapter 720 (Battery) |
Penalties |
***The penalties and sentencing for a defendant convicted of assault or battery depend on the severity of the crime, any aggravating circumstances, and the defendant's past criminal history.*** |
Possible Defenses (Not an exhaustive list) |
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Additional Sentencing Information |
For most types of assault and battery, the court may agree to sentence the defendant to a term of probation rather than require imprisonment. Felony X offenses, however, do not qualify for probation. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Illinois Codes and Legal Research Options
Illinois Assault and Battery: Additional Resources
If you have additional questions about Illinois's related criminal laws, click on the following links:
Facing Assault and Battery Charges? Get Professional Legal Assistance
Crimes involving violence are rarely straightforward. There are two sides to every story and many times key witnesses who can help exonerate the accused. If you are looking to reduce the charges against you or simply want to learn what defenses are available, now is the time to speak with a skilled Illinois criminal defense attorney.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.