Assault Offenses in Southern Illinois
Under the common law, battery and assault were separate crimes. Battery involved the intentional and unlawful application of force on another person’s body. Punching, pushing, or throwing an object at someone would qualify as a battery.
By contrast, assault constituted either attempted or threatened battery. Specifically, it included unlawful and intentional words or acts that placed another person in fear of an imminent battery.
Illinois has maintained a distinction between assault and battery. Under Illinois law, these violent crimes have different elements and punishments.
Assault and Intimidation Statutes in Illinois
Illinois has several statutes that prohibit threats of force or bodily harm, including the following:
Assault
In Illinois, assault occurs when someone knowingly engages in conduct that causes another person to reasonably fear a battery. The conduct can include words or actions. For example, saying “I’m going to break your nose” may constitute assault.
The imminence of the threat is important. Yelling it from several feet away might result in assault charges, while texting it to the victim might not. However, even if you escape assault charges, less immediate threats sent electronically or through the mail may expose you to other charges.
The accused must engage in the conduct “knowingly.” That means they must be aware of the circumstances and facts that could bring about the prohibited result. For example, the accused must know that the other person is present and that their words could be heard. They must also know that their acts or words will trigger fear.
Aggravated Assault
Aggravated assault happens when someone commits an assault under the following aggravating circumstances:
- On public property, a public place of amusement, a sports venue, or a church
- Against a disabled or elderly person
- Against a teacher or school employee on school property
- Against a park worker on park grounds
- Against a community policing volunteer, private security officer, or utility worker
- Against a first responder
- Against a police officer or a probation agent
- Against a corrections worker or officer
- Against a government employee
- Against a transit worker or passenger
- Against a coach or sports official
- Against a process server
- Using a deadly weapon, an air rifle, or a replica firearm
- Wearing a hood, robe, or mask
- By committing a drive-by shooting
- By pointing a laser gun sight attached to a firearm
- Using a motor vehicle, causing the fear of being struck
- While recording the offense to distribute the recording
Prosecutors must prove that the accused committed these acts knowingly. Thus, you don’t necessarily commit aggravated assault because you made threats in a parking lot dispute against someone who turned out to be an off-duty police officer. Instead, they must be performing their duties.
Moreover, you must commit the assault to prevent them from carrying out their duties or to retaliate against them for performing their duties.
Intimidation
Intimidation occurs when someone threatens another person to cause them to perform or refrain from performing a certain act. The threat can include the infliction of physical harm to the listener or another person.
The line between assault and intimidation isn’t clear-cut. However, intimidation is a felony in Illinois, while assault is typically a misdemeanor. As such, a common strategy for those charged with intimidation is to argue that their intent wasn’t to cause the other person to act or refrain from acting.
For example, if you were to say, “I’ll punch you in the mouth if you come one step closer,” prosecutors might interpret that as intimidation to prevent the other person from approaching you. However, your criminal defense attorney could argue that your words were simply bravado and not truly meant to influence the other person’s behavior.
Aggravated Intimidation
Aggravated intimidation happens when someone commits intimidation in the following circumstances:
- To further gang activities
- To prevent someone from becoming a community policing volunteer
- Against a civilian reporting a forcible felony to the police
- Against a police officer, corrections officer, firefighter, or community policing volunteer performing their duties
Aggravated intimidation is one of the most serious felonies in Illinois that doesn’t involve physical harm.
Additionally, assault and intimidation offenses can provide the basis for a hate crime conviction. Hate crime is a separate offense that occurs when someone commits assault, aggravated assault, intimidation, or aggravated intimidation while motivated by any of the following characteristics of the victim:
- Race
- Color
- Creed
- Religion
- Ancestry
- Gender
- Sexual orientation
- Physical or mental disability
- Citizenship
- Immigration status
- National origin
This crime occurs even if the accused was mistaken about the victim’s identity. For example, if a person assaults someone because they think the victim is Muslim, it still qualifies as a hate crime even if it turns out that the victim was a Sikh.
Possible Defenses Against Southern Illinois Assault Charges
Your criminal defense attorney may use any number of criminal defense strategies to challenge your assault charges, including the following:
Self-Defense and Defense of Others
Illinois allows you to use threats or force to defend yourself when you reasonably believe it’s necessary to prevent someone from using unlawful force against you. Thus, you may be justified in telling someone that you’ll hit them unless they let go of your clothing.
The state’s self-defense statute also allows defendants to raise the defense of others. Specifically, you can use threats to defend someone else from unlawful force.
Defense of Property
You’re allowed to threaten someone whom you reasonably believe has entered or is entering a dwelling unlawfully. For instance, you could invoke the “castle doctrine” if you were charged with aggravated assault for pointing a gun at someone rattling your home’s doorknob to see if it’s unlocked.
Lack of Intent
Assault must occur knowingly. If you didn’t know that anyone else could hear your words, you might lack the intent necessary for a conviction. Similarly, you can raise this defense if you were joking, and any reasonable listener would have interpreted your words as a joke.
