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

In Illinois, a first-offense hate crime under 720 ILCS 5/12-7.1 is a Class 4 felony. Probation is available, and the prison range is 1 to 3 years. The charge takes an ordinary misdemeanor, such as assault, battery, or trespass, and makes it a felony when the State alleges the act was motivated by the victim’s race, religion, sexual orientation, or another protected trait.

Bottom Line: In Sangamon County, an overt slur during an arrest-worthy incident usually leads the State to file a hate crime charge, and that charge is a felony. It rises to a Class 3 felony if the State places the incident at or within 1,000 feet of a church, school, public park, or cemetery. A conviction carries mandatory restitution or a fine; probation adds at least 200 hours of community service and an in-person anti-bias class. The alleged victim can also sue for actual and punitive damages and attorney’s fees, plus a civil penalty of up to $25,000 per violation. Filing the charge is easy for the State. Proving the motive behind it is not.

Charged with a hate crime in Sangamon County? Call W. Scott Hanken, Attorney at Law at (217) 544-4057 before you talk to police or the alleged victim.

What Makes a Crime a “Hate Crime” in Illinois?

An Illinois hate crime is one of 16 listed offenses committed because of another person’s actual or perceived protected trait. Without both the underlying offense and the bias motive, there is no hate crime.

Statute Callout — 720 ILCS 5/12-7.1(a)

“A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she commits [one of the listed offenses].”

Most recently amended by P.A. 102-813, effective May 13, 2022 (also P.A. 102-235 and P.A. 102-468, both effective January 1, 2022).

Three phrases in that sentence do most of the work in a courtroom:

• “Actual or perceived.” The alleged victim does not have to actually belong to the group. What matters is what the defendant believed.
• “Regardless of the existence of any other motivating factor.” Bias does not have to be the only reason. The State can pursue the charge even when the incident began over money, a parking space, or being refused service.
• “By reason of.” Bias still has to be a reason for the act. Offensive words spoken during an offense are evidence of motive, but they are not automatically proof of it.

The statute also covers conduct aimed at a “group of individuals.” A slur directed at a room full of people counts the same as one directed at a single person.

Gender identity is covered, although the statute does not use that phrase. Subsection (d) gives “sexual orientation” the meaning it has in the Illinois Human Rights Act, and that definition includes gender-related identity (720 ILCS 5/12-7.1(d); 775 ILCS 5/1-103(O-1)).

Which Crimes Can Be Charged as a Hate Crime in Illinois?

Only 16 offenses can be charged as a hate crime, including assault, battery, trespass, disorderly conduct, misdemeanor theft, and several harassment offenses. Felonies like aggravated battery are not on the list; bias in those cases is handled at sentencing instead.

The listed offenses fall into four groups.

• Violence and threats: assault, aggravated assault, battery, intimidation, and mob action.
• Stalking and harassment: stalking, cyberstalking, harassment by telephone, transmission of obscene messages, and two specific subsections of harassment through electronic communications (720 ILCS 5/26.5-3(a)(2) and (a)(5)).
• Property: misdemeanor theft, misdemeanor criminal damage to property, criminal trespass to a residence, criminal trespass to a vehicle, and criminal trespass to real property.
• Public order: disorderly conduct.

Serious felonies like aggravated battery and murder are not on the list. For those offenses, bias is a factor in aggravation under 730 ILCS 5/5-5-3.2(a)(10). That factor covers offenses committed by reason of another individual’s actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, including offenses against that person’s friends, spouse, or relatives. Unlike 12-7.1, it does not list citizenship or immigration status. It does not change the offense class; it pushes the judge toward a harsher sentence within the existing range.

Intimidation deserves its own note. Under 720 ILCS 5/12-6, intimidation is a Class 3 felony with a special range of 2 to 10 years, not the ordinary Class 3 range of 2 to 5. A first-offense hate crime built on it is only a Class 4 felony, so the State can file both counts, and the intimidation count then drives the exposure. The hate crime statute also incorporates only 12-6(a)(1) through (a)(3): threats of physical harm, of confinement or restraint, or to commit a felony or Class A misdemeanor. Threats to accuse someone of a crime, expose them to ridicule, take official action, or bring about a strike are not predicates.

Are Hate Crime Charges Actually Being Filed in Springfield?

Yes. In Sangamon County, when a police report documents an overt slur alongside a listed offense, the State will usually file a hate crime charge, and these filings are becoming more frequent.

In 37+ years of practice in Sangamon County, my experience is consistent: an overt slur about race, sexual orientation, religion, or another protected trait in the police report means the State files the case as a hate crime. I am seeing these charges more often.

A recent Springfield filing shows how this plays out. NewsChannel 20 reported on September 23, 2026 that a man was charged with hate crime, criminal trespass, and assault after an incident at an LGBTQ+ bar on East Washington Street in downtown Springfield. According to police, he returned to the bar on September 7 after having been banned. When he was refused service, he allegedly threatened to beat an employee and directed a homophobic slur at employees and patrons. The case is pending, the charges may change, and like every person accused of a crime, he is presumed innocent.

Look at what the State built the felony on. No one alleges a punch was thrown. Assault under 720 ILCS 5/12-1 is a Class C misdemeanor, carrying up to 30 days in jail. Criminal trespass to real property under 720 ILCS 5/21-3 is ordinarily a Class B misdemeanor, carrying up to 6 months. Both are listed predicates. Add an alleged slur, and two low-level misdemeanors become a Class 4 felony with a prison range of 1 to 3 years. That is the practical reality of this statute in Sangamon County: the slur is what drives the charging decision.

What Are the Penalties for a Hate Crime in Illinois?

A first-offense hate crime is a Class 4 felony, with probation available and a prison range of 1 to 3 years. At a protected location it is a Class 3 felony with a range of 2 to 5 years, and a second offense is a Class 2 felony with a range of 3 to 7 years.

Illinois hate crime sentencing under 720 ILCS 5/12-7.1 and 730 ILCS 5/5-4.5:

Sources: 730 ILCS 5/5-4.5-35 (Class 2), 5-4.5-40 (Class 3), 5-4.5-45 (Class 4), 5-4.5-55 (Class A misdemeanor), 5-4.5-65 (Class C misdemeanor).

Probation and conditional discharge are available, but subsection (b-10) attaches conditions a judge cannot waive.

Statute Callout — 720 ILCS 5/12-7.1(b-10), mandatory sentencing terms

• The court must order restitution to the victim or impose a fine, based on the severity of the crime and the harm caused.
• Probation or conditional discharge must include at least 200 hours of public or community service, where the county has such a program.
• Probation or conditional discharge must include an anti-hate-crime educational program focused on the protected class involved in the offense.
• The program must be attended in person. Online or remote programs are expressly prohibited.
• A prison sentence carries the same 200 hours and the same educational program as conditions of mandatory supervised release.

The in-person requirement matters. If you work shifts or lack reliable transportation, attending an approved program in Springfield becomes a real burden, and missing it is a probation violation.

Court supervision is not an option on a hate crime charge. Under 730 ILCS 5/5-6-1(c), a court cannot enter supervision for a defendant charged with a felony. Supervision becomes possible only if the felony count is dismissed and the case resolves as an eligible underlying misdemeanor.

A felony conviction is also grounds to deny or revoke a FOID card under 430 ILCS 65/8(c), absent statutory relief under 430 ILCS 65/10, and federal law separately bars firearm possession by a person with a felony conviction under 18 U.S.C. § 922(g)(1). It also shows up on employment and housing background checks.

Can a Hate Crime Conviction Be Expunged or Sealed in Illinois?

A hate crime conviction cannot be expunged, but it can generally be sealed by petition. The wait is two years after your last sentence ends if the case closed on probation or conditional discharge that was not revoked, and three years if it closed on a jail or prison sentence.

Expungement is reserved mostly for cases that did not end in a conviction, such as dismissals, acquittals, and completed court supervision. For a conviction, the remedy is sealing under 20 ILCS 2630/5.2. The statute’s exclusion list and related bars cover offenses such as DUI, domestic battery, animal cruelty, and Article 11 sex offenses. Hate crime is not among them.

The Clean Slate Act (P.A. 104-0459, effective June 1, 2026) created the two-year track, which fits the most common outcome for a first-offense Class 4 hate crime: probation completed without revocation. Two details matter. The clock runs from the end of your last sentence on any case in any jurisdiction, so another sentence still running pushes the date back. And if you earn a high school diploma, GED, or college degree while serving the sentence, you may petition as soon as it ends. (See 5.2(a)(1)(F), (c)(2)(D), and (c)(3)(B), (C), and (E).)

Automated sealing under the Act does not begin until January 1, 2029, and it will not reach every offense, so for now sealing means filing a petition. The Sangamon County State’s Attorney can object, and a judge decides. Unpaid fines and fees cannot be the reason a judge denies the petition, but unpaid restitution can be, unless it has been converted to a civil judgment (5.2(d)(6)(C)). Because subsection (b-10) makes restitution or a fine part of every hate crime sentence, paying restitution in full protects your sealing eligibility. Sealing hides the record from the public and most employers, but law enforcement and certain licensing agencies can still see it, and it does not restore FOID eligibility.

A resolution on an eligible misdemeanor with court supervision can open the door to expungement instead, generally two years after the supervision is successfully completed (5.2(b)(2)(B)(ii)).

Does the Location of the Incident Make a Hate Crime Charge Worse?

Yes. A first offense becomes a Class 3 felony if it happens in or on the grounds of a place of worship, cemetery, school, public park, or ethnic or religious community center, or on a public way within 1,000 feet of one.

Subsection (b-5) covers conduct in, upon the exterior or grounds of, or on the real property of these places, or on a public way within 1,000 feet of them:

• A church, synagogue, mosque, or other place of religious worship or purpose
• A cemetery, mortuary, or other burial or memorial facility
• A school or educational facility, including administrative buildings and dormitories
• A public park, or an ethnic or religious community center

As a rough reference, 1,000 feet is about three city blocks, but that is an approximation, not a legal measure. With churches, schools, and parks in nearly every Springfield neighborhood, the enhancement can reach a sidewalk argument that had nothing to do with the nearby building. The State must prove the actual distance, and “about a block from the church” in a police report is not a measurement.

Does the Victim Have to Belong to the Protected Group?

No. Illinois hate crime law focuses on the defendant’s motive, so the charge applies even if the person targeted is not actually a member of the group.

In In re B.C., 176 Ill. 2d 536 (1997), the Illinois Supreme Court held that the statute is directed at the defendant’s biased motivation rather than the victim’s status, and it allowed the charge to proceed even though the alleged victim was not a member of the group targeted by the offensive material. The word “perceived” in the statute means the State only has to prove what the defendant believed or was reacting to.

This cuts both ways. The State does not need proof of the victim’s background, but its case rests on proving what was in your head, which usually comes down to words, texts, posts, and witness recollection.

Charged in Springfield or anywhere in Sangamon County? Call W. Scott Hanken, Attorney at Law at (217) 544-4057. Early decisions about what to say and what to preserve shape the entire case.

What If My Situation Doesn’t Fit the Textbook Hate Crime?

Two situations come up constantly: a dispute that started over something else, and a case built only on words. Neither one blocks a hate crime charge, but both give the defense real ground to fight on.

What if the dispute started over something else, and a slur came out in the heat of it?

The State will likely still charge it, but it must prove bias was a reason for the act. The phrase “regardless of the existence of any other motivating factor” in 720 ILCS 5/12-7.1(a) allows mixed-motive prosecutions. The words “by reason of” still require a real connection between the bias and the conduct. The downtown Springfield case shows the tension. By the police account, the dispute began over a refusal of service, and the slur came after. The State will argue the slur reveals the motive; the defense will argue the motive was the refusal.

In my experience, an overt slur is enough to get the charge filed in Sangamon County. Filing is not conviction. The timeline is the defense: did the words come before the threat or the first push, or after the confrontation was underway? Witness statements, 911 audio, surveillance video, and earlier texts often answer that better than the police narrative.

What if it was only words or online posts, with no physical contact?

Words alone can support a hate crime charge only if they amount to a listed offense. Assault can be a verbal threat, and disorderly conduct, telephone harassment, obscene messages, cyberstalking, and the listed electronic-harassment subsections can all be committed with words. Offensive speech by itself is not a crime. The First Amendment protects hateful opinions, but not true threats. In Counterman v. Colorado, 600 U.S. 66 (2023), the U.S. Supreme Court held that the State must prove the speaker at least recklessly disregarded that the statement would be understood as threatening violence. The Illinois Supreme Court has also struck down speech-based statutory language that reached too far. In People v. Relerford, 2017 IL 121094, it invalidated the “communicates to or about” language in the stalking and cyberstalking statutes as overbroad.

For a Springfield resident charged over a post, a text, or a phone call, the questions are whether the speech meets each element of the predicate offense and, if it does, whether it is constitutionally protected anyway. Wisconsin v. Mitchell, 508 U.S. 476 (1993), allows states to punish bias-motivated conduct more harshly. It does not allow them to punish the bias itself.

Can the Alleged Victim Sue Me Even If the Criminal Case Is Dismissed?

Yes. Subsection (c) allows a civil lawsuit regardless of the criminal outcome, with actual and punitive damages, mandatory attorney’s fees, and a civil penalty of up to $25,000 per violation.

Subsection (c) creates a civil claim “independent of any criminal prosecution or the result of a criminal prosecution.” An acquittal in Sangamon County Circuit Court does not end your exposure. The civil claim carries serious stakes.

• Damages: actual damages, including emotional distress, plus punitive damages.
• Civil penalty: up to $25,000 per violation, on top of damages.
• Attorney’s fees: a judgment for the plaintiff must include attorney’s fees and costs.
• Attorney General: after consulting the local State’s Attorney, the Illinois Attorney General can sue for injunctive relief and request its own $25,000-per-violation penalty.
• Parents: parents of an unemancipated minor are liable for a judgment against the minor, up to the cap in the Parental Responsibility Law.

A guilty plea, even to a reduced charge, and any statement you make to police can become evidence in a later civil suit. Plea negotiations need to account for that.

How Does a Hate Crime Case Move Through Sangamon County Court?

A hate crime is a felony, so the case is heard in the Sangamon County Circuit Court, part of Illinois’s Seventh Judicial Circuit, and it moves on the felony track. It starts with a first appearance and a decision on detention or release.

At that first stage, the State decides whether to seek pretrial detention. If you are released, conditions commonly include no contact with the alleged victim or the location. Then come a formal charge by indictment or information, arraignment, discovery, and pretrial motions. If you were detained after arrest, my post on what happens at a SAFE-T Act detention hearing in Springfield explains what the State must prove to keep you in custody.

As a former Sangamon County ASA, I know how early the hate crime count gets attached. It usually rests on a police report written the same night, and the slur quoted in it is often the entire basis for the felony. The first weeks matter: memories fade, surveillance video gets overwritten, and the context around the words disappears unless the defense preserves it.

What Defenses Work Against an Illinois Hate Crime Charge?

The strongest defenses attack the motive element, the underlying offense, or the location enhancement, and some cases turn on the First Amendment. The right choice depends on which element the State’s evidence supports least.

• Attack the motive element. Show that the dispute had an independent cause and that any offensive words were incidental, came late, or were misheard or misattributed.
• Attack the predicate offense. If the underlying assault, battery, trespass, or harassment charge fails, the hate crime charge fails with it. Self-defense, lack of intent, and misidentification all apply.
• Raise the First Amendment. Speech-based predicates must meet constitutional limits under Counterman and Relerford.
• Challenge the location enhancement. Make the State prove the 1,000-foot distance and the character of the protected site.
• Negotiate from the evidence. Where the bias evidence is thin, the realistic goal may be resolving the case as the underlying misdemeanor. That outcome avoids the felony record, the FOID consequences, and the mandatory (b-10) conditions, and it may open the door to supervision.

For a broader look at how assault, battery, and related charges are defended, see my violent crimes defense page and my Springfield criminal defense overview.

Frequently Asked Questions (FAQs)

Further Reading

Practice Area

• Violent Crimes Defense

Related Articles

• The Difference Between Assault and Battery in Illinois: most hate crime charges rest on one of these two predicates, so it pays to know which one you are facing.
• Pleading the Fifth in Illinois: What You Need to Know: when motive is the whole case, knowing how to stay silent is the first defense.
• Can You Use a Weapon in Self-Defense?: a valid self-defense claim defeats the predicate offense, and the hate crime count falls with it.
• 4 Ways to Boost a Defense Against Aggravated Battery Charges: aggravated battery is not a hate crime predicate, so bias gets argued at sentencing instead.
• Sangamon County Expungement Process Guide: walks through the local petition process this post says sealing still requires.

Browse by Topic

• Violent Crimes Defense
• Assault
• Felony Charges
• Expungement / Clean Slate Act

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 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. 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

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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.