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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In Illinois, assault is defined under 720 ILCS 5/12-1 as an act that places another person in reasonable apprehension of receiving a battery. This means that the perpetrator must intentionally act in a way that makes someone else reasonably fear that they are about to be physically harmed. The key element is the creation of fear or apprehension, not physical contact, which would be classified as battery under Illinois law. Assault in Illinois is typically classified as a Class C misdemeanor, which can result in fines and up to 30 days in jail. However, the charges can be more severe if aggravating factors are present, such as the use of a deadly weapon or the assault being directed at certain protected classes of people, like police officers or teachers, which can elevate the crime to an aggravated assault.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

Illinois State Code

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