Assault and Battery Lawyer in Chicago

Being accused of assault or battery in Chicago can be overwhelming. Even a “simple” misdemeanor can lead to jail time, fines, a permanent criminal record, and serious damage to your reputation, career, and relationships. When felony or aggravated charges are involved, the stakes are even higher.

At Kovacevic Law, we understand that you’re not just dealing with a case you’re dealing with your life. We listen to your side of the story, protect your rights, and build a strategy focused on getting you the best possible outcome. You don’t have to face the criminal justice system alone.

What Is the Difference Between Assault and Battery in Illinois?

People often use the phrase “assault and battery” as if it were a single offense, but under Illinois law they are two separate crimes.

• Assault generally involves conduct that puts another person in reasonable fear of an immediate physical attack. No physical contact is required.
• Battery involves actually making physical contact either causing bodily harm or making physical contact of an insulting or provoking nature.

You can be charged with assault even if you never touch anyone, and you can be charged with battery even if the contact does not leave visible injuries.

Understanding this difference is important when planning your defense and evaluating the strength of the charges against you.

Assault Laws in Illinois

In Illinois, assault occurs when someone engages in conduct that places another person in reasonable fear of a battery. The focus is on whether a reasonable person in the alleged victim’s position would fear immediate harm.

You can be accused of assault even without laying a hand on anyone. Examples of conduct that may lead to assault charges include:

• Waving or brandishing a knife at someone
• Raising a fist and threatening to hit someone
• Stepping aggressively into someone’s personal space while making threats

If the circumstances are more serious such as involving certain locations, protected individuals, or weapons the charge can be elevated to aggravated assault.

Penalties for Assault in Illinois

The potential punishment for assault depends heavily on the facts of the case, including whether aggravating factors are involved and whether you have prior convictions.

Simple Assault (No Aggravating Factors)

Simple assault is typically charged as a Class C misdemeanor, which is punishable by:

• Up to 30 days in jail
• Fines up to $1,500
• 30–120 hours of community service

Aggravated Assault

When aggravating factors are present, the charge can be increased to:

• A Class A misdemeanor, punishable by probation, up to 1 year in jail, and fines up to $2,500, or
• A Class 4 felony, punishable by 1–3 years in prison and fines up to $25,000

For repeat offenders, the possible prison range may increase.

Battery Laws in Illinois

Battery is defined under 720 ILCS 5/12-3. A person commits battery when they knowingly, and without legal justification:

1. Cause bodily harm to another person, or
2. Make physical contact of an insulting or provoking nature.

Common examples of battery that causes bodily harm include:

• Punching, kicking, slapping, or biting
• Hitting someone with an object such as a stick or bottle
• Using a weapon such as a knife or blunt instrument

Battery involving “insulting or provoking” contact may include actions such as:

• Unwanted touching or grabbing
• Spitting on someone
• Certain forms of non-consensual contact that cause emotional or psychological harm

In some situations, the conduct may be so serious that the charge is elevated to aggravated battery.

Penalties for Battery in Illinois

Simple Battery

Simple battery is generally charged as a Class A misdemeanor, the most serious misdemeanor level, and is punishable by:

• Up to 1 year in jail
• Fines up to $2,500
• Possible probation and restitution to the alleged victim

Aggravated Battery

Aggravated battery is usually charged as a felony, which may range from Class 3 to Class X, depending on the facts:

• Class 3 Felony: 2–5 years in prison, fines up to $25,000
• Class 2 Felony: 3–7 years in prison, fines up to $25,000
• Class 1 Felony: 4–15 years in prison, fines up to $25,000
• Class X Felony: 6–30 years in prison, fines up to $25,000

Prior convictions, weapon use, and serious injuries can increase the sentencing range and reduce options for probation.