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Illinois Compiled Statutes

720 ILCS 5/12-1 (2026)

Assault

✓ current as of May 2026
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(720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
    Sec. 12-1. Assault.
    (a) 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.
    (b) Sentence. Assault is a Class C misdemeanor.
    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
    This subsection does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 96-1551, eff. 7-1-11.)

    
Notes of Decisions
Cited in 59 cases (29 in the last 5 years), 1995–2026 · leading case: People v. Bailey, 657 N.E.2d 953 (Ill. 1995).
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People v. Bailey, 657 N.E.2d 953 (Ill. 1995). · cites it 3× “gal, and thus making innocent conduct unlawful; (3) exempted the act of picketing during bona fide labor disputes without any compelling State reason and was vague in that "bona fide labor disputes" was not defined; and (4) gave unfettered discretion to prosecutors in charging…”
Cindy Abbott v. Sangamon Cnty., 705 F.3d 706 (7th Cir. 2013). “” 720 ILCS 5/12-1 (a). Words alone seldom if ever are sufficient to constitute an assault; rather, there must be an accompanying gesture that is either inherently threatening or made so by the accompanying words.”
Wayne K. Lemons v. William D. O'Sullivan, 54 F.3d 357 (7th Cir. 1995). · cites it 2× “720 ILCS 5/12-1 (1993). Without ruling on the possibility of circumstances under which a change in the statute of limitations might be cause for failing to file a post-conviction petition, we find that in the case before us the change did not constitute cause for Lemons’ failure…”
Albert Woods v. City of Chicago, Officer Makowski, Chicago Police Officer 16971, Officer Alanis, Chicago Police Officer 5001, 234 F.3d 979 (7th Cir. 2000). “Woods argues that the complaint as made by Flores, if true, establishes only that Woods had committed a “verbal assault,” which is not a crime under Illinois law; thus, Woods argues that Flores’ complaint did not give the arresting officers probable cause to believe that Woods…”
People v. Carpenter, 888 N.E.2d 105 (Ill. 2008). “See 720 ILCS 5/12-1 (West 2006) ("A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery").”
People v. Ashley, 2020 IL 123989 (Ill. 2020). “See 720 ILCS 5/12-1(a) (West 2014) (providing that “[a] person commits an assault when, without lawful authority, he or she knowingly engaged in conduct which places another in reasonable apprehension of receiving a battery”).”
People v. VanHoose, 2020 IL App (5th) 170247 (Ill. App. Ct. 2020). “” 720 ILCS 5/12-1(a) (West 2016). Whether an assault victim was reasonably apprehensive is a question of fact.”
United States v. Ramone Shaffers, 22 F.4th 655 (7th Cir. 2022). “” 720 ILCS 5/12-1(a) (2008). And in turn the definition of “battery” appeared in yet another provision: “A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of…”
People v. Hartfield, 2020 IL App (4th) 170787 (Ill. App. Ct. 2020). “Unlike aggravated assault (720 ILCS 5/12-1(a) (West 2018)), which is in part B of Title III of the Criminal Code of 2012, a part titled “Offenses Directed Against the Person,” aggravated discharge of a firearm (id.”
People v. Hileman, 2020 IL App (5th) 170481 (Ill. App. Ct. 2020). “” 720 ILCS 5/12-1(a) (West 2014). Battery usually, though not always, involves bodily harm.”
People v. Bardsley, 2017 IL App (2d) 150209 (Ill. App. Ct. 2017). · cites it 2× “We hold that self-defense, as a defense to assault (720 ILCS 5/12-1 (West 2014)) and derivative offenses, is an affirmative defense that a defendant forfeits by not raising.”
People v. Kidd, 2014 IL App (1st) 112854 (Ill. App. Ct. 2014). “720 ILCS 5/12-1, 12-2 (West 2010). As previously mentioned, attempted murder of a peace officer is defined as performing an act constituting a substantial step toward the commission of murder, with the criminal intent to kill the victim and the knowledge that the victim is a…”
Show all 59 citing cases →
— 720 ILCS 5/12-1(a) — 44 cases
People v. Ashley, 2020 IL 123989 (Ill. 2020). “See 720 ILCS 5/12-1(a) (West 2014) (providing that “[a] person commits an assault when, without lawful authority, he or she knowingly engaged in conduct which places another in reasonable apprehension of receiving a battery”).”
People v. VanHoose, 2020 IL App (5th) 170247 (Ill. App. Ct. 2020). “” 720 ILCS 5/12-1(a) (West 2016). Whether an assault victim was reasonably apprehensive is a question of fact.”
United States v. Ramone Shaffers, 22 F.4th 655 (7th Cir. 2022). “” 720 ILCS 5/12-1(a) (2008). And in turn the definition of “battery” appeared in yet another provision: “A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of…”
People v. Hartfield, 2020 IL App (4th) 170787 (Ill. App. Ct. 2020). “Unlike aggravated assault (720 ILCS 5/12-1(a) (West 2018)), which is in part B of Title III of the Criminal Code of 2012, a part titled “Offenses Directed Against the Person,” aggravated discharge of a firearm (id.”
People v. Hileman, 2020 IL App (5th) 170481 (Ill. App. Ct. 2020). “” 720 ILCS 5/12-1(a) (West 2014). Battery usually, though not always, involves bodily harm.”
— 720 ILCS 5/12-1(b) — 2 cases
Davis v. Vill. of Maywood, 2023 IL App (1st) 211373 (Ill. App. Ct. 2023).
People v. Gwartney, 2022 IL App (4th) 210737-U (Ill. App. Ct. 2022).
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