If you face a simple assault charge in Illinois, you need to understand what this means for your future. Simple assault is a serious criminal charge. It can affect your employment, your reputation, and your freedom. In Illinois, simple assault is classified as a Class C misdemeanor. However, the consequences can be significant. Your defense strategy matters. Bruno Law Offices has offices in both Champaign-Urbana and Bloomington. Our Champaign assault and battery attorneys can help you understand your situation.
Why Choose Bruno Law Offices for Your Simple Assault Defense
When you’re facing assault charges, you need a criminal defense team that understands Illinois law. Bruno Law Offices brings more than 45 years of criminal defense experience to your case. Founded in 1980 by Thomas Bruno, the firm has built a reputation throughout Central Illinois. We focus exclusively on criminal defense.
Your defense team includes five active attorneys with diverse experience. Anthony Bruno serves as Managing Partner and holds a Federal Criminal Justice Act Panel membership. This means the federal court appointed him to represent clients in federal criminal cases. Evan Bruno also serves as Managing Partner. He served as a clerk for the Illinois Fourth District Appellate Court. This experience helps with appeals.
Bruno Law Offices has successfully defended clients facing assault and battery charges. In one case, we obtained a dismissal of an aggravated battery charge. Our client was a local small business owner defending their home. This shows our ability to build defenses based on the specific facts of your situation. With offices in Champaign-Urbana and Bloomington, Bruno Law Offices serves clients throughout Central Illinois. We have experience representing international students facing criminal charges. See our case results to learn how we’ve helped clients in similar situations.
Understanding Simple Assault in Illinois
Under Illinois Criminal Code 720 ILCS 5/12-1, a person commits simple assault when they knowingly engage in conduct that places another person in reasonable apprehension of immediately receiving a battery. This definition is important. You don’t have to actually touch or hit someone to be charged with assault. The threat or fear of immediate harm is enough.
The key element prosecutors must prove is “reasonable apprehension.” This means the other person must have genuinely feared they were about to be hit or harmed. The threat of violence must be immediate. It must be something that could happen right now, not something that might happen in the future. For example, if you swing your fist at someone but miss, that can constitute assault. You didn’t make contact, but you still committed assault. However, if you simply tell someone you’ll hurt them next week, that’s not assault under Illinois law. The threat isn’t immediate.
Simple Assault vs. Aggravated Assault
Understanding the difference between simple assault and aggravated assault is critical. The penalties are very different. Simple assault is a Class C misdemeanor. Aggravated assault is much more serious. It can be charged as a Class A misdemeanor or even a Class 3 felony. The circumstances of your case determine the charge.
What makes an assault “aggravated”? Several factors can elevate a simple assault charge. If you use a weapon, the charge becomes more serious. If your victim is a police officer, a teacher, or someone over 60 years old, the charge is elevated. When the alleged assault happens in certain locations, like a school, that also makes it aggravated. The distinction matters enormously for your case. The potential jail time and fines are much higher for aggravated assault. Learn more about assault and battery charges to understand how these distinctions apply to your situation.
Penalties for Simple Assault Convictions
If you’re convicted of simple assault in Illinois, you face several potential consequences. Understanding these penalties helps you appreciate why having legal representation is important.
- Jail Time: A simple assault conviction can result in up to 30 days in county jail. Even a few days in jail can disrupt your life, your job, and your family.
- Fines: You could be ordered to pay a fine of up to $1,500. This is money out of your pocket that you’ll never get back.
- Community Service: The court may require you to perform 30 to 120 hours of community service. You’ll spend your free time doing unpaid work for the community.
- Probation: You might receive probation for up to two years. During probation, you must follow strict rules set by the court. If you violate probation, you could face additional jail time.
Beyond these direct penalties, a simple assault conviction creates long-term consequences. A criminal record follows you for life. Employers can see it when they run background checks. Some professions—teaching, healthcare, law enforcement, and others—may be closed to you. Professional licenses can be affected. Housing applications may be denied. The effects of a conviction extend far beyond the courtroom.
Additionally, if the assault is determined to be motivated by bias or hate, the charge can be enhanced to a Class 4 felony. This carries 1 to 3 years in prison and fines up to $25,000. The specific facts of your case matter significantly. Our Champaign criminal lawyers can help you understand how these penalties might apply to your specific situation.
Common Defenses to Simple Assault Charges
The good news is that simple assault charges are defensible. Prosecutors must prove every element of the crime beyond a reasonable doubt. If they can’t, you should be acquitted. Here are the most common and effective defenses.
Self-Defense
You have a legal right to use reasonable force to protect yourself from harm. If someone was attacking you or about to attack you, and you used force to stop that attack, you may have a valid self-defense claim. The keyword is “reasonable.” The force you use must be proportional to the threat you face. If someone pushed you and you responded by hitting them once, that’s likely reasonable. If someone pushed you and you beat them unconscious, that’s probably not reasonable.
Self-defense is a powerful defense because it acknowledges that you did the act you’re accused of. It provides a legal justification for doing it. The burden shifts somewhat. You raise self-defense, and then the prosecution must prove beyond a reasonable doubt that you weren’t acting in self-defense. Our attorneys have successfully used self-defense strategies in numerous cases throughout Central Illinois.
Defense of Others
Just as you can use reasonable force to protect yourself, you can use reasonable force to protect another person from harm. If you saw someone attacking a family member or friend, and you stepped in to stop the attack, you may have a valid defense of others claim. The same proportionality requirement applies. Your response must be reasonable given the threat. This defense is particularly important when you’re protecting someone vulnerable.
Lack of Intent
Prosecutors must prove that you “knowingly” engaged in conduct that placed someone in reasonable apprehension of harm. If your actions were accidental or unintentional, you may not have committed assault. For example, if you were joking around and playfully swung at someone, but they genuinely feared you were going to hit them, did you “knowingly” place them in apprehension? This is a factual question that a jury might decide in your favor.
Insufficient Evidence
Sometimes the prosecution simply doesn’t have enough evidence to prove their case. You can challenge witness credibility. Maybe the alleged victim has a reason to lie about what happened. There may be inconsistencies in their story. Maybe the police investigation was incomplete or improper. By carefully examining the evidence, your attorney might find weaknesses that create reasonable doubt.
What Happens If You’re Charged with Simple Assault
Understanding the criminal process helps you know what to expect. The process typically follows these steps:
Arrest and Booking
After arrest, police will take you to the station for booking. During this time, you have the right to remain silent and the right to request an attorney. Exercise both of these rights immediately.
Initial Appearance (Within 48 Hours)
At your initial appearance, within 48 hours of arrest, you’ll appear before a judge. The judge will inform you of the charges, explain your rights, and address bail. Bail is the amount of money you must pay to be released from custody while your case proceeds. The judge considers factors like your ties to the community, your employment, and your criminal history when setting bail.
Discovery Process
After the initial appearance, the discovery process begins. Your attorney will request all evidence the prosecution has against you—police reports, witness statements, video footage, photographs, and anything else relevant to your case. This is your opportunity to see what the prosecution’s case looks like and identify weaknesses.
Plea Negotiations
Many assault cases are resolved through plea negotiations. Your attorney might negotiate with the prosecutor to reduce the charges or recommend a plea deal that results in a better outcome than going to trial. However, you should never accept a plea deal without fully understanding the consequences and your attorney’s advice.
Trial (If Necessary)
If your case goes to trial, you have the right to a jury trial or a bench trial (where a judge decides). Your attorney will present evidence and arguments supporting your defense, cross-examine the prosecution’s witnesses, and work toward the best possible outcome.
Early legal representation is crucial. The sooner you contact an attorney, the sooner we can begin investigating your case, gathering evidence, and developing your defense. Our Bloomington assault and battery attorneys are ready to help you navigate this process.
Frequently Asked Questions
Is simple assault a felony in Illinois?
No, simple assault is a Class C misdemeanor, not a felony. However, it can be elevated to a felony under certain circumstances. If the assault is motivated by bias or hate, it can become a Class 4 felony. If you have prior assault convictions, repeat offenses can result in felony charges. And if the assault involves certain aggravating factors—like a weapon or a protected victim—it becomes aggravated assault, which can be a felony.
Can simple assault charges be dismissed?
Yes, simple assault charges can be dismissed. Charges might be dismissed if the prosecution lacks sufficient evidence, if your rights were violated during the investigation or arrest, or if the evidence supports a valid defense like self-defense. Bruno Law Offices has successfully obtained dismissals in assault cases by identifying weaknesses in the prosecution’s case and building defenses based on the facts.
What’s the difference between assault and battery in Illinois?
This is an important distinction. Assault is the threat or apprehension of harm. No physical contact is required. Battery is actual physical contact. If you swing at someone and miss, that’s assault. If you swing at someone and hit them, that’s battery. Both are serious charges requiring legal defense.
Will a simple assault conviction affect my job?
Potentially, yes. A criminal record is visible to employers who run background checks. Some employers won’t hire anyone with an assault conviction. If you work in certain fields—education, healthcare, law enforcement, social services—a conviction could cost you your job. It might prevent you from working in that field. Even if your current employer doesn’t fire you, future employment opportunities may be limited.
How long does a simple assault case take?
The timeline varies based on the complexity of your case and the court’s schedule. Some cases resolve quickly through plea negotiations—potentially within weeks. Other cases take months to resolve, especially if they go to trial. Your attorney can give you a better estimate based on the specific facts of your situation and the court’s current caseload.
Should I take a plea deal for simple assault?
This depends entirely on your specific circumstances. Some plea deals are good. They might result in reduced charges or lighter sentences than you’d face if convicted at trial. Other plea deals are not in your best interest. You should never accept a plea deal without fully understanding the consequences and your attorney’s recommendation. Bruno Law Offices evaluates all options before recommending a strategy tailored to your situation.
What should I do if arrested for simple assault?
First, exercise your right to remain silent. Don’t answer questions from police without an attorney present. Second, request an attorney immediately. Say clearly: “I want to speak to an attorney.” Third, don’t discuss your case with anyone except your lawyer. Finally, contact (217) 328-6000 as soon as possible. We can begin protecting your rights.
Contact Bruno Law Offices for Your Defense
If you’re facing simple assault charges in Illinois, you don’t have to face them alone. Bruno Law Offices has defended clients throughout Central Illinois for more than 45 years. With offices in Champaign-Urbana and Bloomington, we’re here to help you understand your situation. We work to achieve the best possible outcome for your case.
We offer free consultations so you can discuss your case with an experienced criminal defense attorney. Call (217) 328-6000 today to schedule your consultation. The sooner you reach out, the sooner we can begin investigating your case and developing your defense.
Related Resources
Learn more about criminal defense in Illinois: