Charged with Assault in Illinois? Skilled Criminal Defense

Last reviewed: September 15, 2025

Understanding Assault Under Illinois Law

Under Illinois law, a person commits assault when they knowingly engage in conduct that places another in reasonable apprehension of receiving a battery. Physical contact is not required. See 720 ILCS 5/12-1. Words alone are usually not enough; there generally must be conduct that would cause a reasonable person to fear an imminent battery, though context matters.

Aggravated assault involves additional factors—such as use of a deadly weapon, certain protected locations, or alleged victims in protected categories (for example, peace officers or transit employees) while performing official duties. See 720 ILCS 5/12-2.

Potential Consequences

Consequences can include criminal penalties, court supervision or probation, fines and costs, and collateral effects like employment and licensing issues. Aggravating factors—such as an alleged weapon, victim status, or location—can increase the severity of the charge and available penalties. Depending on the county and the case, options like diversion, deferred prosecution, or court supervision may be available. Outcomes vary based on the facts, your background, and local practices.

Common Defenses to Assault Charges

Available defenses depend on the evidence and charge level. Counsel may pursue:

• Lack of reasonable apprehension or imminence: The alleged conduct would not cause a reasonable person to fear an imminent battery.
• Mistaken identity or unreliable accounts: Challenging eyewitness reliability, lighting, distance, and consistency with recordings.
• Self-defense or defense of others: Force used in response to an imminent threat within legal limits.
• Defense of property: Within statutory boundaries.
• Lack of intent or accident: No knowing conduct creating apprehension of imminent battery.
• Constitutional issues: Unlawful stop or arrest, or statements obtained in violation of your rights.

An attorney can also scrutinize whether any alleged aggravating elements are actually supported by admissible proof. See 720 ILCS 5/ (Criminal Code of 2012).

Practical Tips

What to Do If You’re Charged

Court Process in Illinois Assault Cases

While every case is different, you can generally expect:

• Initial appearance/first court date and notice of charges.
• Discovery (police reports, videos, 911 audio, and witness statements).
• Pretrial motions (evidentiary and constitutional issues).
• Negotiations (which may involve plea discussions, diversion, or amendments).
• Trial if the case does not resolve.

Some counties have specialty courts or local procedures that affect scheduling and options.

Why Early Legal Representation Matters

Prompt counsel can protect your rights, communicate with prosecutors, preserve favorable evidence (such as surveillance video), and position your case for the best available outcome. An experienced Illinois criminal defense attorney can assess the charge level, evaluate defenses, advise you on collateral consequences, and pursue dismissal, reduction, or alternative resolutions where available.

Aggravated Assault Considerations

Aggravated assault encompasses various circumstances that elevate the offense—such as alleged use of a firearm or other deadly weapon, incidents in particular public places, or allegations involving protected victims. The exact elements depend on the applicable statutory subsection, and the State must prove each element beyond a reasonable doubt. Depending on the subsection, aggravated assault may be charged as a misdemeanor or a felony. See 720 ILCS 5/12-2.

Record Relief: Sealing and Expungement

Depending on the outcome and your record, some Illinois arrests and cases may be eligible for expungement or sealing. Eligibility turns on the disposition, offense classification, waiting periods, and your background. Even if immediate relief is not available, options may open later. See 20 ILCS 2630/5.2 (Criminal Identification Act).

FAQ

What is the difference between assault and battery in Illinois?

Assault is causing someone to reasonably fear an imminent battery; battery is causing bodily harm or making insulting or provoking physical contact. Assault does not require physical contact.

Can words alone be assault?

Usually no. There generally must be conduct that would cause a reasonable person to fear an imminent battery, though context can matter.

Will I go to jail for a first-time assault charge?

It depends on the facts, charge level, and county practices. Options like supervision or diversion may be available in some cases.

Should I talk to the police to explain my side?

Speak with an attorney first. Statements can be used against you, and counsel can communicate on your behalf.

Can the alleged victim drop the charges?

The prosecutor decides whether to proceed. The complaining witness’s wishes matter but are not controlling.

Can an assault case be expunged or sealed?

Eligibility depends on the disposition, offense, and your record under 20 ILCS 2630/5.2. An attorney can assess timing and options.

How We Can Help

We provide focused defense for assault charges throughout Illinois. We examine the alleged conduct, challenge the reasonableness of apprehension, investigate witnesses, move to suppress unlawfully obtained evidence, and negotiate from a position of strength. If trial is the best path, we are prepared to present a clear defense strategy.

Next Steps

Assault cases move quickly. Contact us for a confidential consultation, and bring your charging documents, any police paperwork, and information for potential witnesses. If you have an upcoming court date, let us know right away so we can appear and protect your rights. Request a consultation.

Sources

• Illinois Compiled Statutes, Criminal Code of 2012 (720 ILCS 5/) (accessed Sept. 15, 2025)
• 720 ILCS 5/12-1 — Assault (accessed Sept. 15, 2025)
• 720 ILCS 5/12-2 — Aggravated Assault (accessed Sept. 15, 2025)
• 20 ILCS 2630/5.2 — Criminal Identification Act (expungement and sealing) (accessed Sept. 15, 2025)

Disclaimer (Illinois): This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change and can vary by Illinois county and court. Consult a licensed Illinois attorney about your specific situation.