By: W. Scott Hanken | Former Sangamon County Prosecutor | Springfield Criminal Defense & Violent Crimes Attorney | Voted “Best Attorney” — Illinois Times Best of Springfield & State Journal-Register Reader’s Choice | Springfield, IL | Sangamon County | (217) 544-4057 | hankenlaw.com

In a lot of states, “assault and battery” is a single phrase — one charge, spoken as one breath. Illinois does not work that way. Here they are two separate crimes, defined in two separate statutes, with two different sets of elements and two very different sentencing ranges.

That distinction is not academic. Simple assault is a Class C misdemeanor — the least serious criminal classification Illinois has. Simple battery is a Class A misdemeanor — the most serious one. Same argument, same parking lot, same two people: whether a hand ever made contact can be the difference between a 30-day maximum and a 364-day maximum. And when aggravating factors enter the picture, either charge can climb into felony territory fast.

If you’ve been charged in Springfield or anywhere in Sangamon County, understanding which offense you’re actually facing is the first step toward understanding what your defense looks like.

The Short Answer

Assault is a threat. Battery is contact.

Note what is not on that list: injury. Neither offense requires one. This surprises people constantly, and it is the reason so many Sangamon County cases that started as a shouting match end up as criminal charges.

Assault in Illinois: A Threat, Not a Touch

Under 720 ILCS 5/12-1, a person commits assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.

Break that into its working parts:

• Knowingly — accidental conduct doesn’t qualify. The State has to prove you were aware your conduct was of that nature.
• Conduct — the statute requires conduct, not merely a state of mind. This is a genuinely contested area, and it is where a lot of assault charges are vulnerable.
• Reasonable apprehension — the standard is objective, not just what the complaining witness says they felt. Would a reasonable person in that position have expected a battery?
• Of receiving a battery — the anticipated harm has to be the kind of unlawful contact that would itself be a battery. Vague unpleasantness is not enough.

Statute Callout — Assault is one of the very few Illinois offenses carrying a mandatory community service component. Under 720 ILCS 5/12-1(c), a court shall order a person convicted of assault to perform 30 to 120 hours of community service, if community service is available and funded in that county. The same condition attaches to court supervision. The only exception is when the court imposes a sentence of incarceration instead.

What Assault Is Not

Assault does not require that you touched anyone. It also does not require that you intended to actually follow through, or that you were physically capable of following through. What matters is what a reasonable person in the complaining witness’s position would have apprehended.

Aggravated Assault: When a Threat Becomes a Felony

720 ILCS 5/12-2 takes the same underlying assault and elevates it based on three categories of aggravating circumstance.

Location. An assault committed against someone on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or inside a church, synagogue, mosque, or other place of worship.

Status of the alleged victim. The statute lists more than a dozen protected categories, including a person 60 or older, a person with a physical disability, teachers and school employees on school grounds, park district employees, peace officers, firefighters, emergency management workers, EMS personnel, correctional and probation officers, transit employees and passengers, sports officials and coaches, and process servers.

Use of a firearm, device, or motor vehicle. Using a deadly weapon or a realistic firearm replica; discharging a firearm; discharging a firearm from a vehicle; wearing a hood, robe, or mask to conceal identity; shining a laser sight near a person; using a firearm against a peace officer without discharging it; operating a vehicle so as to place someone in apprehension of being struck; or recording the offense with intent to disseminate it.

How Aggravated Assault Is Sentenced

The practical takeaway: the identity of the person you allegedly threatened, and the place it happened, can matter more to your exposure than what you actually did. A raised fist in an empty private garage and the identical gesture on a public sidewalk are not the same charge in Illinois.

Battery in Illinois: Contact, With or Without Injury

Under 720 ILCS 5/12-3, a person commits battery by knowingly and without legal justification, by any means, either:

1. Causing bodily harm to an individual, or
2. Making physical contact of an insulting or provoking nature with an individual.

That second prong is the one people underestimate. No injury is required. A shove during an argument, grabbing someone’s arm, spitting, knocking a phone out of a hand, poking someone in the chest — all of it can support a battery charge in Illinois with zero bruising and zero medical treatment.

Battery is a Class A misdemeanor: up to 364 days in county jail, a fine from $75 to $2,500, and probation or conditional discharge up to two years, under 730 ILCS 5/5-4.5-55.

Aggravated Battery: The Felony Escalators

720 ILCS 5/12-3.05 is one of the longest sentencing provisions in the Illinois Criminal Code. It escalates battery along six separate axes:

• (a) Injury — great bodily harm, permanent disability or disfigurement; caustic or flammable substances, poisonous gas, biological or chemical agents, radioactive material, or explosives; harm to a peace officer or similar protected worker; harm to a person 60 or older; strangulation.
• (b) Child or person with an intellectual disability — where the accused is 18 or older and the alleged victim is under 13 or has a severe or profound intellectual disability.
• (c) Location — a public way, public property, place of public accommodation or amusement, sports venue, domestic violence shelter, or a place used for religious worship.
• (d) Status of the alleged victim — a long list including people 60 or older, pregnant people, people with physical disabilities, teachers, peace officers, judges, EMS personnel, utility workers, transit employees and passengers, taxi drivers, nurses, process servers, and merchants.
• (e) Firearm discharge — the most severely punished category in the section.
• (f) and (g) Weapon or conduct — deadly weapons other than firearms, air rifles, concealing identity with a hood or mask, laser sights, recording the offense to disseminate it, delivering a controlled substance that causes great bodily harm, and administering an intoxicating or poisonous substance without consent.

How Aggravated Battery Is Sentenced

Every felony class above also carries a fine ceiling of $25,000 under 730 ILCS 5/5-4.5-50(b).

Bottom Line: A single fact — the alleged victim’s age, their job, whether the incident happened on a sidewalk instead of inside a house — can move an aggravated battery case across two or three felony classes. This is exactly why these cases are worth fighting on the details rather than treating the charging document as settled.

Domestic Battery Is a Separate Charge, and It Is Treated Differently

If the person allegedly battered is a family or household member, the State can charge domestic battery under 720 ILCS 5/12-3.2 instead of simple battery. It is also a Class A misdemeanor at baseline — but the resemblance ends there.

Domestic battery is one of the few Illinois misdemeanors for which court supervision is not available under 730 ILCS 5/5-6-1(c). Supervision is a non-conviction disposition; it is what most first-time misdemeanor defendants are hoping for. Without it, a finding of guilt on a domestic battery means a conviction, and a domestic battery conviction cannot later be expunged or sealed.

That single procedural difference is often more consequential than the sentencing range. It is also why an early, informed conversation about how a case gets charged matters so much.

Illinois Sentencing Ranges at a Glance

Extended-term sentencing under 730 ILCS 5/5-8-2 can roughly double the upper end of each felony range when statutory aggravating factors apply.

Self-Defense: When Force Is Legally Justified

Because battery turns on unlawful contact, self-defense is frequently the central issue rather than a side argument.

Under 720 ILCS 5/7-1, a person is justified in using force against another when, and to the extent that, he reasonably believes the conduct is necessary to defend himself or another against that person’s imminent use of unlawful force. Force intended or likely to cause death or great bodily harm requires more: a reasonable belief that such force is necessary to prevent imminent death or great bodily harm, or to prevent the commission of a forcible felony.

Two things worth understanding about how this works in practice:

• Self-defense is an affirmative defense. You are not denying the contact occurred. You are arguing it was legally justified — which shifts what the case is actually about.
• Proportionality matters. The response has to be reasonable relative to the threat. A justified shove does not automatically make a justified punch.

The justification is also generally unavailable to someone who was the initial aggressor, subject to the exceptions in 720 ILCS 5/7-4.

Why the Distinction Matters to Your Defense

Because assault and battery have different elements, they have different vulnerabilities.

Assault cases turn on perception. There is no physical evidence of a threat. There is no injury to photograph. The State’s case rests on what the complaining witness says they apprehended and whether that apprehension was objectively reasonable. That opens real avenues: whether a reasonable person would have expected imminent contact at all, whether the account is internally consistent, whether identification is reliable, and whether the conduct element is met.

Battery cases turn on contact and justification. Here there may be physical evidence, medical records, or video. The questions shift: did contact occur, was it insulting or provoking, was there bodily harm, and — often the whole case — was the contact legally justified.

Aggravated charges turn on the enhancer. Even where the underlying conduct is not seriously disputed, the aggravating element frequently is. Did the accused know the alleged victim held a protected status? Does the injury actually meet the legal definition of “great bodily harm,” or is the State stretching it? Was the location really a “public way” within the statute? Defeating the enhancer alone can move a case from a Class 1 felony to a Class A misdemeanor without disputing that anything happened.

What Happens After an Assault or Battery Arrest in Sangamon County

Assault and battery cases in Sangamon County are heard in the Sangamon County Circuit Court, part of Illinois’s Seventh Judicial Circuit, at the Sangamon County Courts Complex, 200 South 9th Street in Springfield. Appeals go to the Illinois Fourth District Appellate Court, also located in Springfield.

Two practical points:

• The charge you are arrested on is not necessarily the charge you are prosecuted on. Charging decisions get made and revised. Both upgrades and reductions happen, and the early record shapes which direction it moves.
• What you say at the scene follows the case. These charges frequently arise from mutual altercations where both people have a version of events. Statements made to explain yourself in the moment tend to become the State’s evidence later.

Frequently Asked Questions (FAQs)

Further Reading

Practice Area

• Springfield Violent Crimes Defense

Related Articles

• 4 Ways to Boost a Defense Against Aggravated Battery Charges — If you’re facing the felony version rather than the misdemeanor, start here.

Browse by Topic

• Violent Crimes Defense
• Assault
• Battery
• Sangamon County

Ready to Fight Your Violent Crime Charge in Springfield?
Call W. Scott Hanken at (217) 544-4057 or contact us online for a free consultation. We serve clients throughout Springfield, Sangamon County, and Central Illinois.

About the Author: W. Scott Hanken, Attorney at Law
Scott Hanken is a Springfield, Illinois criminal defense attorney with over 37 years of experience, including service as a former Sangamon County prosecutor. He has been voted Best Attorney by the Illinois Times and State Journal-Register, holds an Avvo 10.0 “Superb” rating, and has earned over 270 five-star Google reviews. He serves clients throughout Sangamon County and Central Illinois.

📍 1100 S 5th St, Springfield, IL 62703 | ☎ (217) 544-4057 | 🌐 hankenlaw.com

This article is for general educational purposes only and does not constitute legal advice. Every case is unique — contact an experienced Springfield criminal defense attorney for guidance on your specific situation.

By: W. Scott Hanken | Former Sangamon County Prosecutor | Springfield Criminal Defense & Violent Crimes Defense Attorney | Voted “Best Attorney” — Illinois Times Best of Springfield & State Journal-Register Reader’s Choice | Springfield, IL | Sangamon County | (217) 544-4057 | hankenlaw.com

Yes. Illinois law allows you to use a weapon, including a gun, to defend yourself or another person. But using a weapon usually means using deadly force, and deadly force has a higher bar. You must reasonably believe it is necessary to prevent imminent death, great bodily harm, or a forcible felony.

That rule comes from 720 ILCS 5/7-1, and it applies wherever you are: at home, in your car, or in a parking lot. If you did not start the confrontation, Illinois does not require you to retreat first. It also does not require you to match the attacker weapon for weapon.

Key Takeaways:

• A gun, knife, or bat used in a way likely to kill or seriously injure someone is deadly force. It is justified only against a threat of imminent death, great bodily harm, or a forcible felony.
• Illinois has no “equal force” rule. The question is what you reasonably believed was necessary at that moment.
• If you did not start the fight, you have no duty to retreat, in public or at home.
• Self-defense justifies the force you used. It does not, by itself, excuse carrying a gun you were not allowed to carry.
• Once you raise self-defense, the State must disprove it beyond a reasonable doubt.

What Does Illinois Law Say About Using a Weapon in Self-Defense?

Illinois has no separate self-defense statute for weapons. The same rule applies whether you used your fists, a knife, or a handgun. What changes is the kind of force.

Statute Callout — 720 ILCS 5/7-1(a) (Use of force in defense of person)

“A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.”

The first sentence covers ordinary force, such as a shove, a punch, or pulling free of someone’s grip. The second sentence governs most weapon cases. It sets a higher bar for force “intended or likely to cause death or great bodily harm,” usually called deadly force.

The Illinois Supreme Court has laid out six elements of self-defense in People v. Gray, 2017 IL 120958, ¶ 50:

1. Unlawful force was threatened against you.
2. You were not the aggressor.
3. The danger was imminent.
4. The force you used was necessary.
5. You actually believed a danger existed that required that force.
6. Your belief was objectively reasonable.

The State defeats self-defense by disproving any one of them.

When Does Using a Weapon Count as Deadly Force?

Deadly force is any force intended or likely to cause death or great bodily harm. The statute does not list weapons, so what matters is how the weapon was used, not just what it was. Shooting at a person is the clearest example. So is stabbing someone or swinging a bat at a person’s head. A weapon used in a way unlikely to cause serious injury may be judged under the ordinary-force standard instead, but that is a fact question the State will contest.

When Can You Use Deadly Force in Illinois?

Only when you reasonably believe it is necessary to prevent one of three things:

• Imminent death to you or another person.
• Imminent great bodily harm to you or another person.
• The commission of a forcible felony.

What is a forcible felony?

Forcible felonies are defined in 720 ILCS 5/2-8. The list includes murder, criminal sexual assault, robbery, burglary, residential burglary, arson, and kidnapping. It ends with a catch-all: any other felony that involves the use or threat of physical force or violence against any individual.

What does “imminent” mean?

It means the danger is about to happen, not that it might happen later. A threat to “get you later” does not justify pulling a gun now. Once an attacker is walking away, running off, or down and disarmed, the danger is no longer imminent, and continuing to use force is no longer self-defense.

Does the attacker have to be armed too?

No. The statute asks what you reasonably feared, not what the other person was holding. An unarmed attacker can pose a real threat of great bodily harm, such as several people beating one person, or a much larger attacker pinning someone down and striking his head. A single shove or punch in an argument, however, will rarely justify a gun or a knife.

Does the Force Have to Match the Threat?

Not in the way most people think. Illinois has no equal-force or equal-weapon rule. You do not have to wait for an attacker to draw a knife before you draw yours. The test is whether you reasonably believed the force you used was necessary.

The idea of proportion still matters in two ways:

• Deadly force against a non-deadly threat fails. If the threat was a push or a slap, a reasonable person would not believe deadly force was necessary.
• Force after the threat ends fails. A shot fired at someone who has turned and run is not necessary, and it is the kind of fact prosecutors build cases around.

Do You Have to Retreat Before Using a Weapon in Illinois?

No, if you did not start the confrontation, and that is true in public as well as at home. Illinois has no stand-your-ground statute. It also has no general duty to retreat for someone who did not start the fight.

The Illinois Pattern Jury Instructions include a no-duty-to-retreat instruction, IPI Criminal No. 24-25.09X. It tells jurors that a person who did not initially provoke the use of force has no duty to try to escape before using force against the aggressor.

A court gives that instruction only when the evidence supports it. In People v. Sloan, 2024 IL 129676, the Illinois Supreme Court upheld a trial court’s refusal to give it where no evidence showed the other man was the initial aggressor.

Whether you could have walked away can still come up at trial. Prosecutors may argue it shows force was not necessary. That is an argument about necessity, not a legal duty to retreat.

The rule changes if you started it. Under 720 ILCS 5/7-4, someone who provoked the use of force generally loses self-defense. There are two narrow exceptions:

• The other person’s response was so great that you reasonably believed you faced imminent death or great bodily harm, and you had exhausted every reasonable means of escape.
• You withdrew in good faith, clearly told the other person you wanted to stop, and the other person kept attacking or started again.

Neither exception is available to someone who provoked the fight as an excuse to hurt the other person, or who was committing a forcible felony.

Can You Use a Weapon to Defend Your Home?

Yes. Illinois’ version of the castle doctrine is 720 ILCS 5/7-2. It allows force you reasonably believe is necessary to prevent or stop someone’s unlawful entry into or attack on your dwelling. Deadly force is justified in two situations:

• The entry is made or attempted in a violent, riotous, or tumultuous manner, and you reasonably believe deadly force is necessary to prevent an assault on, or personal violence to, you or someone else in the home.
• You reasonably believe deadly force is necessary to prevent a felony in the dwelling.

Section 7-2 does not presume that an intruder means to hurt you. Your belief must still be reasonable, and the circumstances of the entry matter.

A “dwelling” under 720 ILCS 5/2-6 is a building or part of a building, a tent, a vehicle, or another enclosed space used or intended for use as a home or residence. Your yard, driveway, or a detached shed is not the dwelling itself, so the stricter property rules below generally apply there.

Does the castle doctrine cover my car?

Usually not. A car is a dwelling only if someone uses it as a place to live. But Section 7-1 still protects you in your car, and so does the no-duty-to-retreat rule. An attempt to take your car by force can itself be a forcible felony.

Can You Use a Weapon to Protect Your Property?

Only in limited ways. Under 720 ILCS 5/7-3, you may use reasonable force to stop someone from trespassing on or interfering with property you lawfully possess (other than your home). You may use deadly force only if you reasonably believe it is necessary to prevent a forcible felony.

Ordinary theft is not a forcible felony. Shooting at someone running off with a bike from your driveway is not justified. Neither is firing at a thief who is already leaving, because nothing is imminent anymore.

Does Self-Defense Protect You From Gun Charges?

Not automatically. Self-defense justifies the force you used. In most cases it does not justify having a gun you were not legally allowed to have, or carrying it where you were not allowed to carry it.

If you had no FOID card under the Firearm Owners Identification Card Act (430 ILCS 65), or you carried in public without a license under the Firearm Concealed Carry Act (430 ILCS 66), prosecutors can still file weapons charges. The same is true if you were legally barred from possessing a gun. Those charges include aggravated unlawful use of a weapon under 720 ILCS 5/24-1.6, and they can be filed even when the shooting itself was justified.

There is a narrow exception for a gun you grabbed only because you were attacked. In People v. Crowder, 2018 IL App (1st) 161226, the appellate court reversed an aggravated unlawful use of a weapon conviction. The defendant had briefly taken his father’s legally owned handgun after three men attacked them without provocation. That reasoning turns on possession forced by the emergency. It does not help someone who was already carrying a gun unlawfully before the confrontation began.

What Charges Can Follow a Self-Defense Incident Involving a Weapon?

Self-defense can be raised against each force-based charge on this list.

What about a warning shot?

A warning shot is still a discharge. Firing into the air or the ground can be charged as reckless discharge of a firearm, a Class 4 felony, when it endangers someone. Firing during a confrontation can be charged as aggravated assault by discharging a firearm, also a Class 4 felony. It is not a legally “safer” option than the alternatives.

What if I only showed the gun?

Displaying or pointing a weapon to make someone back off can be charged as aggravated assault under 720 ILCS 5/12-2(c)(1). Self-defense can apply to that charge too. It turns on the same questions: an imminent threat, necessity, and whether your belief was reasonable.

What Happens if a Jury Finds Your Belief Was Honest but Unreasonable?

It depends on the charge.

• Murder: An honest but unreasonable belief in the need for deadly force reduces first degree murder to second degree murder under 720 ILCS 5/9-2(a)(2). The defendant must prove that mitigating factor by a preponderance of the evidence.
• Attempted murder: In People v. Guy, 2025 IL 129967, the Illinois Supreme Court held that attempted first degree murder requires an intent to kill without lawful justification. A jury’s finding that the defendant actually believed he needed to defend himself could not stand alongside that conviction. The Court entered a conviction for aggravated battery with a firearm instead, a Class X felony.
• Aggravated battery, aggravated assault, and other charges: There is no partial defense. An unreasonable belief defeats self-defense, and the charge stands.

Who Has to Prove Self-Defense in Illinois?

You do not. Self-defense is an affirmative defense under 720 ILCS 5/7-14. You need only some evidence to raise it, and that evidence can come from your own testimony, a witness, or video. Once it is raised, 720 ILCS 5/3-2 requires the State to disprove it beyond a reasonable doubt, along with every element of the charge.

What Should You Do After Using a Weapon in Self-Defense?

• Call 911. Report that you were attacked and ask for medical help for anyone who is hurt.
• Secure the weapon and follow officers’ commands. Do not be holding a weapon when police arrive.
• Keep your statement short. Say you were the one attacked, then tell officers you want to speak with a lawyer before answering detailed questions.
• Preserve the evidence. Save video, photos of injuries, the names of witnesses, and any messages showing prior threats.

In weapon cases, the first police report often becomes the State’s version of who the aggressor was. What you say in the first hour matters.

Frequently Asked Questions (FAQs)

Further Reading

Practice Area

• Violent Crimes Defense

Related Articles

• When Is Self-Defense a Legitimate Defense to Battery Charges? — Read this if there was a fight but no weapon.
• Defend Against Assault Charges by Arguing Self Defense — Read this if you were charged for a threat rather than contact.
• 4 Ways to Boost a Defense Against Aggravated Battery Charges — Self-defense is one option; this covers the others when a weapon makes the charge a felony.
• Murder vs. Manslaughter in Illinois: What the Charges Really Mean — Explains second degree murder, the one place an unreasonable belief reduces the charge.
• Federal Gun Deregulation Won’t Save You From an Illinois Weapons Charge — Read this if the gun itself is part of the charge.
• Can You Carry a Firearm in Your Vehicle in Illinois? — Read this if you keep a gun in your car for protection.

Browse by Topic

• Violent Crimes Defense
• Self-Defense
• Firearms / Gun Charges
• Aggravated Battery

Ready to Fight Your Violent Crime Charge in Springfield?
Call W. Scott Hanken at (217) 544-4057 or contact us online for a free consultation. We serve clients throughout Springfield, Sangamon County, and Central Illinois.

About the Author: W. Scott Hanken, Attorney at Law
Scott Hanken is a Springfield, Illinois criminal defense attorney with over 37 years of experience, including service as a former Sangamon County prosecutor. He has been voted Best Attorney by the Illinois Times and State Journal-Register, holds an Avvo 10.0 “Superb” rating, and has earned over 270 five-star Google reviews. He serves clients throughout Sangamon County and Central Illinois.

📍 1100 S 5th St, Springfield, IL 62703 | ☎ (217) 544-4057 | 🌐 hankenlaw.com

This article is for general educational purposes only and does not constitute legal advice. Every case is unique — contact an experienced Springfield criminal defense attorney for guidance on your specific situation.

By: W. Scott Hanken | Former Sangamon County Prosecutor | Springfield Criminal Defense & Violent Crimes Defense Attorney | Voted “Best Attorney” — Illinois Times Best of Springfield & State Journal-Register Reader’s Choice | Springfield, IL | Sangamon County | (217) 544-4057 | hankenlaw.com

Yes. Self-defense is a defense to assault and aggravated assault in Illinois, just as it is to battery. You may threaten or use force when you reasonably believe it is necessary to protect yourself or someone else from another person’s imminent unlawful force. That covers raising your fists, stepping forward, or drawing a weapon.

You need only some evidence to raise self-defense. The State must then disprove it beyond a reasonable doubt. In People v. Patterson, 2024 IL App (1st) 221619, a man was charged with aggravated assault for pointing a handgun at another driver. The appellate court reversed his conviction because the jury was never instructed on self-defense.

Key Takeaways:

• Assault in Illinois requires no contact at all. It means knowingly placing someone in reasonable apprehension of receiving a battery.
• Simple assault is a Class C misdemeanor. Aggravated assault ranges from a Class A misdemeanor to a Class 3 felony.
• Self-defense applies to threats as well as to physical force, and “some evidence, however slight” entitles you to a self-defense instruction.
• Words alone usually are not an assault, and words alone usually do not justify a physical response.
• If you did not start the confrontation, Illinois does not require you to retreat before defending yourself.

Update, September 2026: An earlier version of this post overstated the penalty for simple assault. It also misdescribed what assault is, called the dwelling statute a “defense of property” law, and said deadly force could be used to prevent any felony. This version corrects those statements.

If you have been charged with assault in Springfield or Sangamon County after defending yourself, call W. Scott Hanken, Attorney at Law at (217) 544-4057 before you give a statement to police.

What Is Assault in Illinois?

Assault is a threat, not a touch. Under 720 ILCS 5/12-1(a), you commit assault when, without lawful authority, you knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery. If the contact actually happens, the charge is battery instead.

Two parts of that definition matter in almost every case:

• The apprehension must be reasonable. Courts use an objective standard. The question is whether a reasonable person in the other person’s position would have expected to be struck, not just whether that person felt afraid.
• The battery must be imminent. A threat about some future time is not enough.

Are words alone an assault?

Usually not. In People v. Taylor, 2015 IL App (1st) 131290, a woman yelled “I’m going to kick your ass” at a sheriff’s deputy standing on the other side of courthouse airlock doors. The appellate court reversed her aggravated assault conviction. Words without a gesture or action did not objectively place the deputy in reasonable apprehension of a battery. Some action or condition must accompany the words.

What Are the Penalties for Assault and Aggravated Assault?

An assault becomes aggravated based on where it happened, who the other person was (for example, a peace officer or someone 60 or older), or how it was done (for example, with a deadly weapon). The community service requirement for simple assault comes in addition to any other sentence, not instead of it, and it does not apply when the court imposes jail.

Can You Claim Self-Defense to an Assault Charge?

Yes. The self-defense statute, 720 ILCS 5/7-1, justifies force “when and to the extent” you reasonably believe it is necessary to defend yourself or another person against someone’s imminent use of unlawful force. It applies whether you are charged with battery for contact or with assault for a threat.

The Illinois Supreme Court’s six elements of self-defense, restated in People v. Gray, 2017 IL 120958, ¶ 50, apply the same way to an assault charge:

1. Unlawful force was threatened against you.
2. You were not the aggressor.
3. The danger was imminent.
4. The force you used or threatened was necessary.
5. You actually believed a danger existed that required it.
6. Your belief was objectively reasonable.

What happened in People v. Patterson?

A taxi driver cut off another motorist on Randolph Street in Chicago. At the next red light, the motorist got out of his car and confronted the taxi driver from about six feet away. The driver pointed a handgun at him and told him to leave. He was charged with aggravated assault under 720 ILCS 5/12-2(c)(1) and gave notice that he would claim self-defense under Section 7-1.

The trial judge refused to instruct the jury on self-defense, calling the evidence for it “close to non-existent.” The appellate court reversed. A defendant is entitled to self-defense instructions if there is “some evidence, however slight” to support the defense, and a motorist getting out of his car to confront the driver was enough. The jury had sent notes asking whether self-defense could be considered, so the error was not harmless, and the case was sent back for a new trial.

The court also faulted the trial judge for not answering the jury’s questions about whether the driver was allowed to carry the gun. Whether he could lawfully carry it was not the charge in front of the jury.

Does the Threat Have to Match the Danger You Faced?

Your response must be one you reasonably believed was necessary. Illinois has no rule that you must match the other person weapon for weapon.

The statute does draw a hard line at deadly force. Force intended or likely to cause death or great bodily harm is justified only to prevent imminent death, great bodily harm, or a forcible felony (720 ILCS 5/7-1). When the threat you made involves a gun or a knife, expect the State to argue that it had to be justified by a danger that serious.

Raising your fists at someone who is closing in on you is judged very differently from drawing a knife on someone who is only yelling. In Patterson, the jury was entitled to decide the question. It was not a defense the driver was sure to win.

Do You Have to Walk Away Before Defending Yourself?

Not if you did not start it. Illinois has no stand-your-ground statute, but a person who did not provoke the confrontation has no duty to retreat, in public or at home. The pattern jury instruction on this point is IPI Criminal No. 24-25.09X. Whether you could easily have left can still come up as evidence about whether your response was necessary.

The rules change for the person who started it. Under 720 ILCS 5/7-4, an initial aggressor generally loses self-defense. There are two narrow exceptions: the other person’s response put the aggressor in reasonable fear of imminent death or great bodily harm and every reasonable means of escape was exhausted, or the aggressor clearly withdrew and the other person kept going.

Can You Threaten Force to Protect Someone Else or Your Home?

Yes to both, within limits.

• Another person: Section 7-1 protects force used to defend “himself or another.” The same elements apply when you step in for a friend, a family member, or a stranger.
• Your home: 720 ILCS 5/7-2 allows force you reasonably believe is necessary to prevent or stop someone’s unlawful entry into or attack on your dwelling, with stricter conditions for deadly force.
• Other property: 720 ILCS 5/7-3 allows reasonable force against trespass or interference with property, but deadly force only to prevent a forcible felony.

What if the Other Person Was a Police Officer?

Different rules apply. Assaulting someone you know is a peace officer performing official duties is aggravated assault. And under 720 ILCS 5/7-7, you may not use force to resist an arrest you know is being made by an officer, even if you believe the arrest is unlawful. Self-defense against an officer’s excessive force is a separate, fact-specific question that needs a lawyer’s review before you say anything.

Who Has to Prove Self-Defense in an Assault Case?

You do not. Self-defense is an affirmative defense under 720 ILCS 5/7-14. Once there is some evidence of it, 720 ILCS 5/3-2 requires the State to disprove it beyond a reasonable doubt, along with every element of the assault. That evidence can come from the State’s own witnesses, as it did in Patterson.

What Other Defenses Apply to an Assault Charge?

Self-defense is not the only defense. Many assault cases are won on the definition of assault itself:

• No reasonable apprehension: If a reasonable person would not have expected to be struck, there was no assault.
• No imminent battery: A threat about the future, or one made where a battery was not physically possible, may not qualify.
• No knowing conduct: The State must prove you knowingly engaged in the conduct that caused the fear.
• No aggravating factor: For aggravated assault, the State must also prove the factor that raised the charge, such as the other person’s status or a deadly weapon.

What Should You Do if You Are Charged With Assault After Defending Yourself?

• Write down what happened while you remember it clearly: who approached whom, what was said, and where everyone was standing.
• Preserve evidence: save surveillance, dashcam, doorbell, or phone video before it is overwritten, and get the names of witnesses.
• Keep your statement short: tell police you were the one threatened, then say you want to speak with a lawyer before answering detailed questions.

In a case with no physical contact, the case often comes down to one person’s word against another’s, which makes independent evidence especially valuable.

Frequently Asked Questions (FAQs)

Further Reading

Practice Area

• Violent Crimes Defense

Related Articles

• The Difference Between Assault and Battery in Illinois — Start here if you are not sure which charge you are facing.
• When Is Self-Defense a Legitimate Defense to Battery Charges? — If the confrontation turned physical, self-defense works the same way against a battery charge.
• Can You Use a Weapon in Self-Defense? — If a gun or knife was involved, this covers deadly force and gun-possession issues.
• 4 Ways to Boost a Defense Against Aggravated Battery Charges — Covers defenses beyond self-defense if contact was made and the charge is a felony.

Browse by Topic

• Violent Crimes Defense
• Self-Defense
• Assault
• Aggravated Assault

Ready to Fight Your Violent Crime Charge in Springfield?
Call W. Scott Hanken at (217) 544-4057 or contact us online for a free consultation. We serve clients throughout Springfield, Sangamon County, and Central Illinois.

About the Author: W. Scott Hanken, Attorney at Law
Scott Hanken is a Springfield, Illinois criminal defense attorney with over 37 years of experience, including service as a former Sangamon County prosecutor. He has been voted Best Attorney by the Illinois Times and State Journal-Register, holds an Avvo 10.0 “Superb” rating, and has earned over 270 five-star Google reviews. He serves clients throughout Sangamon County and Central Illinois.

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This article is for general educational purposes only and does not constitute legal advice. Every case is unique — contact an experienced Springfield criminal defense attorney for guidance on your specific situation.