Illinois Assault and Battery Laws: Charges and Penalties (2026)

Illinois keeps assault and battery as two separate crimes. Under 720 ILCS 5/12-1, a person commits assault by knowingly engaging, without lawful authority, in conduct that places another person in reasonable apprehension of receiving a battery, a Class C misdemeanor. Under 720 ILCS 5/12-3, a person commits battery by knowingly causing bodily harm to an individual or making physical contact of an insulting or provoking nature, a Class A misdemeanor.

Either offense becomes more serious, and often a felony, when the facts fit aggravated assault (12-2), aggravated battery (12-3.05), domestic battery (12-3.2) or aggravated domestic battery (12-3.3). For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the assault and battery offenses in Article 12 of the Illinois Criminal Code of 2012 (720 ILCS 5/12-0.1, 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2 and 12-3.3), the sentencing ranges in 730 ILCS 5/5-4.5-25 through 5-4.5-65, and the civil filing periods in 735 ILCS 5/13-202, 13-202.1 and 13-211. It does not cover self-defense and justification (see Illinois self-defense laws), orders of protection (see Illinois restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. battery in Illinois

In Illinois, the difference is contact. Assault is the threat of a battery; battery is the harmful or offensive contact itself. Section 12-1(a) defines assault:

"A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery."

Section 12-3(a) defines battery:

"A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual."

Two points follow from the text. First, assault needs no touching at all; the offense is placing someone in reasonable apprehension of a battery. Second, battery has two forms, and only the first needs bodily harm. Contact of an insulting or provoking nature is battery even when it leaves no mark.

Each offense has an aggravated version with its own section. Aggravated assault (12-2) adds a location, a protected victim or a weapon or device to an assault. Aggravated battery (12-3.05) adds serious injury, strangling, a location, a protected victim or a weapon to a battery. Battery against a family or household member is charged under its own sections, domestic battery (12-3.2) and aggravated domestic battery (12-3.3).

Is assault a felony in Illinois?

Simple assault and simple battery are misdemeanors. Assault is a Class C misdemeanor under 12-1(b), and battery is a Class A misdemeanor under 12-3(b).

The lowest felony grade for these offenses is a Class 4 felony. Two routes lead there:

• Aggravated assault against certain victims or with a discharged firearm. Under 12-2(d), aggravated assault is a Class 4 felony when the person assaulted is a peace officer, fireman, emergency management worker or emergency medical services personnel, a correctional or probation officer, or a correctional institution employee or another employee listed in 12-2(b)(6), in connection with official duties, or a process server performing process-server duties, and when the assault involves discharging a firearm other than from a motor vehicle or several other listed means. An assault under 12-2(b)(4) or (b)(7) is also a Class 4 felony if a Category I, II or III weapon is used.
• Domestic battery with a qualifying prior conviction. Under 12-3.2(b), domestic battery is a Class 4 felony if the defendant has a prior conviction under the Code for violation of an order of protection, 1 or 2 prior convictions for domestic battery, or a prior conviction for one of the violent offenses listed in 12-3.2(b), such as aggravated battery, aggravated domestic battery, stalking or unlawful restraint, committed against a family or household member.

Aggravated battery starts higher. Under 12-3.05(h), "Unless otherwise provided, aggravated battery is a Class 3 felony."

Illinois assault and battery offenses and penalties

The table lists each offense, its class, and the sentencing range for that class.

The class ranges come from the Unified Code of Corrections: 730 ILCS 5/5-4.5-65 (Class C misdemeanor, not more than 30 days, fine up to $1,500), 5-4.5-55 (Class A misdemeanor, less than one year, fine up to $2,500), 5-4.5-45 (Class 4 felony, 1 to 3 years), 5-4.5-40 (Class 3, 2 to 5 years), 5-4.5-35 (Class 2, 3 to 7 years), 5-4.5-30 (Class 1, 4 to 15 years) and 5-4.5-25 (Class X, 6 to 30 years). Under 5-4.5-50(b), a felony fine can be up to $25,000 per offense or the amount specified in the offense, whichever is greater. These are the limits a court sentences within, not a prediction of the sentence in any case.

Some aggravated battery subdivisions carry their own terms. For example, under 12-3.05(h), aggravated battery under subdivision (a)(2) is a Class X felony with a term of imprisonment of 6 to 45 years.

What counts as bodily harm, great bodily harm and a deadly weapon?

The Criminal Code's general definitions in Article 2 and the Article 12 definitions section (12-0.1) do not define "bodily harm," "great bodily harm" or "deadly weapon." Illinois courts supply the meaning.

For bodily harm, the Illinois Supreme Court in People v. Mays, 91 Ill. 2d 251 (1982), said:

"Although it may be difficult to pinpoint exactly what constitutes bodily harm for the purposes of the statute, some sort of physical pain or damage to the body, like lacerations, bruises or abrasions, whether temporary or permanent, is required. Otherwise there would be no need for the other type of battery, contact of an insulting or provoking nature."

Strangling does have a statutory definition. Under 12-3.05(i), "'Strangle' means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual."

Aggravated assault in Illinois

Section 12-2 turns an assault into aggravated assault in three ways: where it happens, whom it targets, and what is used.

Location. Under 12-2(a), an assault is aggravated when the person assaulted "is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship." This form is a Class A misdemeanor.

Victim status. Under 12-2(b), the person must know the individual assaulted is one of the following:

• A person with a physical disability or a person 60 years of age or older, where the assault is without legal justification.
• A teacher or school employee on school grounds, on grounds adjacent to a school, or in a building used for school purposes.
• A park district employee on park grounds, adjacent grounds, or in a building used for park purposes.
• A community policing volunteer, private security officer or utility worker performing official duties, assaulted to prevent performance of those duties, or assaulted in retaliation for performing them.
• A peace officer, fireman, emergency management worker or emergency medical services personnel, under the same three duty conditions.
• A correctional officer or probation officer, under the same conditions.
• A correctional institution employee, a county juvenile detention center employee who provides direct and continuous supervision of residents, or a Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons, under the same conditions.
• An employee of the State of Illinois, a municipal corporation or a political subdivision performing official duties.
• A transit employee performing official duties, or a transit passenger.
• A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor or outdoor playing field, or in the immediate vicinity.
• A person authorized to serve process, or a special process server appointed by the circuit court, performing process-server duties.

Section 12-0.1 defines a sports official as "a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee," and a transit employee as "a driver, operator, or employee of any transportation facility or system engaged in the business of transporting the public for hire."

Weapon, device or vehicle. Under 12-2(c), an assault is aggravated when the person uses a deadly weapon, an air rifle, or a device made to look substantially like a firearm, other than by discharging a firearm; discharges a firearm other than from a motor vehicle; discharges a firearm from a motor vehicle; wears a hood, robe or mask to conceal identity; without justification operates a motor vehicle so that a person (other than a person listed in (b)(4)) is placed in reasonable apprehension of being struck; or knowingly records the offense on video or audio with the intent to disseminate the recording.

Grading. Section 12-2(d) sets the class for each subdivision:

"Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony."

So using a deadly weapon to threaten someone, without firing a gun, is a Class A misdemeanor under (c)(1), while firing a gun during the assault is a felony.

Aggravated battery in Illinois

Section 12-3.05 lists many ways a battery becomes aggravated battery. The main groups are:

• Injury (12-3.05(a)). Causing great bodily harm or permanent disability or disfigurement; causing that level of harm to a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee or listed Department of Human Services employee in connection with official duties; causing it to a person 60 or older; or strangling another individual.
• Children and persons with intellectual disabilities (12-3.05(b)). A person at least 18 who causes great bodily harm, permanent disability or disfigurement, or bodily harm, to a child under 13 or to a person with a severe or profound intellectual disability.
• Location (12-3.05(c)). Committing a battery, other than by discharging a firearm, when the person or the person battered "is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship."
• Victim status (12-3.05(d)). Knowing the person battered is on the statute's list (summarized in the next section).
• Firearms (12-3.05(e)). Discharging a firearm and causing any injury to another person, with separate subdivisions for machine guns and firearms equipped with a silencer.
• Weapons and devices (12-3.05(f)). Using a deadly weapon other than by discharging a firearm, or an air rifle; wearing a hood, robe or mask to conceal identity; or knowingly recording the offense with the intent to disseminate the recording.

Under 12-3.05(h), the default grade is a Class 3 felony. Subdivisions (a)(4), (d)(4) and (g)(3) are Class 2 felonies, (a)(3) and (g)(1) are Class 1 felonies, and (e)(1) is a Class X felony. Strangling under (a)(5) is a Class 1 felony if the person used or attempted to use a dangerous instrument, caused great bodily harm or permanent disability or disfigurement, or has certain prior convictions, including a prior conviction under (a)(5). Subdivision (a)(1) is a Class 1 felony when it was intentional and involved the infliction of torture, and a Class 2 felony when the person causes great bodily harm or permanent disability to someone the person knows to be a member of a congregation engaged in prayer or other religious activities at a place of worship. Subdivision (b)(1) is a Class X felony, with 15 years added to the prison term if the person was armed with a firearm, 20 years if the person personally discharged a firearm, and 25 years up to natural life if that discharge caused great bodily harm, permanent disability, permanent disfigurement or death.

Assaulting a police officer, nurse, teacher or other protected person in Illinois

The protected-victim lists in 12-2(b) and 12-3.05(d) are not identical, so the same person can be protected against battery but not named in the assault list, or the reverse. Under 12-3.05(d), a battery is aggravated when the person knows the individual battered to be:

• A person 60 years of age or older.
• A person who is pregnant or has a physical disability.
• A teacher or school employee on school grounds, adjacent grounds, or in a building used for school purposes.
• A peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous or sexually violent persons, while performing official duties, to prevent performance of those duties, or in retaliation for them (subdivision (d)(4), a Class 2 felony).
• A judge, emergency management worker, emergency medical services personnel or utility worker, under the same duty conditions.
• An officer or employee of the State of Illinois, a unit of local government or a school district, while performing official duties.
• A transit employee performing official duties, or a transit passenger.
• A taxi driver on duty.
• A merchant who detains the person for alleged retail theft, where the person without legal justification causes bodily harm to the merchant.
• A person authorized to serve process, or a special process server, performing process-server duties.
• A nurse while performing nursing duties.
• A merchant performing duties, including relaying health or safety directions or guidelines, during a disaster declared by the Governor or a state of emergency declared by the mayor due to a public health emergency, and for 6 months after the declaration.

Here is how the two sections apply to people readers ask about most often:

• Police officers. Assault on a peace officer performing official duties is a Class 4 felony (12-2(b)(4.1), (d)). Battery in the same circumstances is aggravated battery under (d)(4), a Class 2 felony, and causing great bodily harm or permanent disability or disfigurement to a peace officer in those circumstances is a Class 1 felony under (a)(3).
• Firefighters and EMS. Assault on a fireman, emergency management worker or emergency medical services personnel in connection with official duties is a Class 4 felony. Battery of a fireman in the same circumstances falls under (d)(4), a Class 2 felony; battery of emergency medical services personnel in the same circumstances falls under (d)(5), a Class 3 felony.
• Nurses. Battery of a nurse performing nursing duties is aggravated battery under (d)(11), a Class 3 felony.
• Teachers and school employees. Assault on school grounds is a Class A misdemeanor under 12-2(b)(2); battery in the same places is a Class 3 felony under 12-3.05(d)(3).
• Sports officials and coaches. Assault on a sports official or coach actively participating in a competition is aggravated assault, a Class A misdemeanor under 12-2(b)(9). A battery committed when the person or the person battered is on or about a sports venue is aggravated battery under the location rule in 12-3.05(c).
• Older adults. Assault on a person 60 or older is a Class A misdemeanor; battery is a Class 3 felony, and causing great bodily harm or permanent disability or disfigurement to that person is a Class 2 felony under (a)(4).

Domestic battery in Illinois

Battery against a family or household member is charged as domestic battery under 720 ILCS 5/12-3.2. The elements track simple battery: knowingly, without legal justification, causing bodily harm to a family or household member, or making physical contact of an insulting or provoking nature with one.

Section 12-0.1 defines the relationship broadly: "'Family or household members' include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of this Code." The same section adds that a casual acquaintanceship or ordinary fraternization in business or social contexts is not a dating relationship.

Grading under 12-3.2(b):

• Class A misdemeanor for a first offense.
• Class 4 felony with any prior conviction under the Code for violating an order of protection, with 1 or 2 prior domestic battery convictions, or with a prior conviction for one of the violent offenses listed in 12-3.2(b), such as aggravated battery, aggravated domestic battery, stalking or unlawful restraint, committed against a family or household member.
• Class 3 felony with 3 prior convictions, and Class 2 felony with 4 or more, of the kinds the subsection lists.
• For any second or later conviction, a mandatory minimum of 72 consecutive hours of imprisonment.
• Under 12-3.2(c), a felony domestic battery, aggravated domestic battery, aggravated battery or unlawful restraint against a family or household member committed in the presence of a child carries a mandatory minimum of 10 days of imprisonment or 300 hours of community service, or both.

Aggravated domestic battery (12-3.3) applies when, in committing a domestic battery, the person knowingly causes great bodily harm or permanent disability or disfigurement, or strangles another individual. It is a Class 2 felony. Any probation or conditional discharge must include at least 60 consecutive days of imprisonment, and a second or later conviction carries a mandatory prison term of 3 to 7 years or an extended term of 7 to 14 years.

Under 12-3.2(d), the court must advise a person convicted of domestic battery that "An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." Federal law, 18 U.S.C. 922(g)(9), bars a person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition; the assault and battery hub explains the federal layer.

Orders of protection are a separate civil process. See Illinois restraining order laws.

Battery of an unborn child

Section 12-3.1 makes it battery of an unborn child to knowingly, without legal justification, cause bodily harm to an unborn child, a Class A misdemeanor. Causing great bodily harm or permanent disability or disfigurement to an unborn child is aggravated battery of an unborn child, a Class 2 felony.

Recent amendments

The compiled text of the aggravated battery section, 12-3.05, lists Public Act 103-51, effective January 1, 2024, as its most recent amendment. The aggravated assault section, 12-2, lists Public Acts 101-223 (effective January 1, 2020) and 102-558 (effective August 20, 2021). The base assault and battery sections, 12-1 and 12-3, list Public Act 96-1551, effective July 1, 2011.

Civil lawsuits for assault and battery

A criminal case and a civil lawsuit are separate proceedings: the State prosecutes the criminal charge, and a civil claim for damages is brought by the person who was harmed. Under 735 ILCS 5/13-202, "Actions for damages for an injury to the person ... except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued." The section does not name assault or battery specifically.

Two other sections change that deadline. Under 13-202.1, an action for damages "may be brought at any time" if it is based on conduct that constituted first degree murder, a Class X felony or a Class 1 felony and the person was convicted of that offense; the Class X and Class 1 forms of aggravated battery in the table above are examples. Under 13-211, a person who was under 18 when the cause of action accrued may bring the action within 2 years after turning 18. For other filing deadlines, see Illinois statute of limitations.

Related legal issues

• Self-defense. Whether force was legally justified is a separate question governed by Illinois's justification statutes; see Illinois self-defense laws.
• Orders of protection. For protective orders in domestic and other cases, see Illinois restraining order laws.
• Criminal records. For clearing or sealing an arrest or conviction record, see Illinois expungement laws.

Related

• Assault and battery laws by state
• Illinois self-defense laws
• Illinois restraining order laws
• Illinois expungement laws
• Illinois statute of limitations
• Indiana assault and battery laws
• Wisconsin assault and battery laws

This article provides general legal information about Illinois criminal law, not legal advice. Laws change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Illinois.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Illinois?

Assault under 720 ILCS 5/12-1 is knowingly engaging in conduct that places another person in reasonable apprehension of receiving a battery; no contact is needed. Battery under 720 ILCS 5/12-3 is knowingly causing bodily harm or making physical contact of an insulting or provoking nature.

Is assault a felony in Illinois?

Simple assault is a Class C misdemeanor. Aggravated assault under 12-2 is usually a Class A misdemeanor, but it is a Class 4 felony in other listed forms, including assault on a peace officer, fireman, emergency medical services personnel, or correctional or probation officer in connection with official duties or on a process server performing process-server duties, or when a firearm is discharged other than from a motor vehicle, and a Class 3 felony when a firearm is discharged from a motor vehicle. Assault on a community policing volunteer, private security officer or utility worker in connection with official duties, or on a government employee performing official duties, is also a Class 4 felony if a Category I, II or III weapon is used (12-2(b)(4), (b)(7)).

Is battery a felony in Illinois?

Simple battery is a Class A misdemeanor. Aggravated battery under 720 ILCS 5/12-3.05 is a felony, a Class 3 felony unless the statute provides otherwise, and up to a Class X felony when a firearm is discharged and causes injury.

What is the penalty for battery in Illinois?

Battery is a Class A misdemeanor. Under 730 ILCS 5/5-4.5-55 the sentence of imprisonment is less than one year, and the fine can be up to $2,500.

Is it battery in Illinois if no one was hurt?

It can be. Section 12-3(a)(2) makes it battery to knowingly, without legal justification, make physical contact of an insulting or provoking nature with an individual, with no injury required.

What happens if you assault a police officer in Illinois?

Assaulting a peace officer who is performing official duties, or to prevent or in retaliation for those duties, is aggravated assault, a Class 4 felony under 12-2(b)(4.1) and (d). A battery on a peace officer in those circumstances is aggravated battery, a Class 2 felony, and causing great bodily harm to a peace officer in those circumstances is a Class 1 felony.

Is battery of a nurse a felony in Illinois?

Yes. A battery on a person known to be a nurse, while the nurse is performing nursing duties, is aggravated battery under 720 ILCS 5/12-3.05(d)(11), a Class 3 felony unless a higher grade applies.

Is assaulting a teacher a felony in Illinois?

Assaulting a teacher or school employee on or next to school grounds or in a school building is aggravated assault, a Class A misdemeanor under 12-2(b)(2). A battery on that person in the same places is aggravated battery under 12-3.05(d)(3), a Class 3 felony.

Is choking someone a felony in Illinois?

Strangling another individual is aggravated battery under 720 ILCS 5/12-3.05(a)(5), a Class 3 felony, and a Class 1 felony with a dangerous instrument, great bodily harm or certain prior convictions. Strangling a family or household member is aggravated domestic battery, a Class 2 felony.

Is domestic battery a felony in Illinois?

A first domestic battery is a Class A misdemeanor under 720 ILCS 5/12-3.2. It becomes a Class 4 felony with a prior conviction for violating an order of protection, 1 or 2 prior domestic battery convictions, or a prior conviction for a listed violent offense such as aggravated battery, stalking or unlawful restraint committed against a family or household member, a Class 3 felony with 3 prior convictions and a Class 2 felony with 4 or more.

How long do you have to sue for assault or battery in Illinois?

Under 735 ILCS 5/13-202, actions for damages for an injury to the person generally must be commenced within 2 years after the cause of action accrued. There is no deadline if the defendant was convicted of first degree murder or a Class X or Class 1 felony for the conduct (13-202.1), and a person injured before turning 18 has 2 years after turning 18 (13-211). The section does not name assault or battery specifically.