Understanding Assault and Battery Charges in Illinois
When someone is accused of a violent crime in Illinois, the charges often involve assault and/or battery. While the terms are sometimes used interchangeably in everyday conversation, they mean very different things in the law:
Assault: A threat or action that makes another person reasonably believe they’re about to be harmed — even if no physical contact occurs.
Battery: The intentional infliction of bodily harm or making insulting or provocative physical contact with another person.
If you’re facing these charges, you’re also facing the possibility of jail time, a permanent criminal record, and damage to your reputation and future. At the Grayslake law firm of AKL Legal, LLC, we provide strong, strategic defense for clients in Lake County, McHenry County, and suburban Cook County who have been accused of assault, battery, or related offenses.
Assault and Aggravated Assault
In Illinois, simple assault is generally a Class C misdemeanor, punishable by up to 30 days in jail and/or 30–120 hours of community service.
The charge can become aggravated assault if:
The alleged victim is a police officer, firefighter, teacher, or another protected individual.
A firearm or other deadly weapon was allegedly used.
Aggravated assault can be a Class A misdemeanor or Class 4 felony, which carries steeper penalties and lasting consequences.
Battery
Battery occurs when someone knowingly and without legal justification causes bodily harm or engages in insulting or provoking physical contact. Importantly, there does not have to be an actual injury for battery to be charged — for example, pushing someone could be enough.
Most battery cases in Illinois are Class A misdemeanors with a maximum sentence of 364 days in jail, of which at least 50% must be served. Probation or court supervision may be possible.
Possible Defenses:
Self-defense (you acted to protect yourself or someone else)
Defense of property
Challenging witness credibility or inconsistencies in testimony
Our Experience:
At AKL Legal, we know battery cases often come down to conflicting accounts between the accused, the alleged victim, and any witnesses. We’ve handled countless trials — and we’re not quick to push for plea deals. Our first priority is dismissal or a “not guilty” verdict.
Domestic Battery
Domestic battery charges are serious and can have lifelong consequences. A first offense is usually a Class A misdemeanor, while a second offense is a Class 4 felony. The prosecution must prove:
Battery occurred; and
The alleged victim was a family or household member (a category that includes spouses, dating partners, roommates, and relatives).
No visible injury is required for a conviction.
Penalties may include:
Up to 364 days in jail for a first offense
1–3 years in prison for a second offense (Class 4 felony)
Aggravated Domestic Battery
If the allegations involve great bodily harm, permanent disfigurement, or strangulation, the charge becomes aggravated domestic battery — a Class 2 felony carrying 3–7 years in prison (with at least 60 days served if probation is granted).
The state must prove not only that battery occurred and that the victim was a family or household member, but also that the harm was severe or that strangulation occurred as defined under Illinois law.
Aggravated Battery Based on Injury
This charge applies when a person intentionally causes serious injury to another (without a firearm). Penalties vary depending on the severity of the injury and who the victim is:
Class 3 felony: 2–5 years
Class 2 felony (victim over 60 or certain other protected groups): 3–7 years
Class 1 felony: 4–15 years
Class X felony (severe harm using explosives or toxic substances): 6–45 years
Why Choose the Grayslake law firm of AKL Legal, LLC
When your freedom, reputation, and future are at stake, you need more than just legal advice — you need a defense team that fights to protect your rights every step of the way.
If you’re facing assault, battery, or domestic battery charges in Lake County, McHenry County, or suburban Cook County, contact us today to schedule a confidential consultation. 847-262-9888. Protecting Your Rights, Defending Your Future
