How Do I Fight an Assault Charge in Illinois?

 Posted on February 18, 2026 in Violent Crimes

If you are charged with assault in Illinois, you have the right to defend yourself, challenge the evidence, and require the prosecution to prove the case beyond a reasonable doubt. Being charged does not mean you will be convicted.

Many assault cases involve misunderstandings, false accusations, or weak evidence. If you are facing charges in 2026, our Aurora, IL assault defense lawyers can help you understand your rights and build a defense.

What Is Considered Assault Under Illinois Law?

Under Illinois law, assault is defined in 720 ILCS 5/12-1. You can be charged with assault if you intentionally act in a way that causes another person to reasonably fear immediate physical harm.

This means physical contact does not have to occur. Even a threat combined with actions that make someone fear harm can lead to an assault charge.

For example, raising your fist and threatening someone during an argument could lead to assault charges if the other person reasonably feared being hit. Unfortunately, this applies even if you did not intend to actually injure anyone, as long as your actions intentionally caused someone to reasonably fear immediate harm.

What Is Aggravated Assault in Illinois?

Aggravated assault is a more serious offense. It is defined under 720 ILCS 5/12-2 and involves certain aggravating factors.

Some instances when an assault may be considered aggravated include:

• Use of a weapon
• Assault against a police officer, teacher, or protected worker
• Assault in a public place
• Assault while wearing a disguise

Aggravated assault charges often carry harsher penalties and long-term consequences.

What Happens After You Are Charged With Assault in Illinois?

After an arrest, you will usually be given a court date. You may be released with conditions while your case moves forward.

During the court process, the prosecution must present evidence to support the charge. You have the right to challenge that evidence and present your defense. This process may include hearings, negotiations, or a trial. The outcome depends on the facts, the evidence, and the strength of your defense.

What Penalties Can Result From an Assault Conviction in Illinois?

Penalties depend on whether the charge is simple assault or aggravated assault.

Possible penalties include:

• Criminal fines
• Probation
• Jail time
• A permanent criminal record
• Restrictions on employment or housing

Even a misdemeanor conviction can affect your future. Aggravated assault charges may result in more serious penalties, including longer jail sentences.

What Legal Defenses Can Be Used To Fight an Assault Charge?

Several defenses may apply depending on the facts of your case. Every situation is different.

Common defenses include:

• Self-defense
• Defense of another person
• False accusations
• Lack of intent
• Insufficient evidence
• Violation of your constitutional rights

For example, if you acted to protect yourself from harm, your actions may be legally justified. A strong defense focuses on the facts and challenges the prosecution’s claims.

Can Assault Charges Be Reduced or Dismissed in Illinois?

Some assault charges may be reduced or dismissed. This depends on the strength of the evidence and the specific circumstances.

For example, if there is not enough evidence to prove the charge, the case may be dismissed. In other situations, charges may be reduced through negotiations.

Courts must follow strict legal standards before convicting someone. An experienced defense lawyer can identify weaknesses in the case and work to protect your rights.

What Should You Do After Being Charged With Assault in Aurora?

Being accused of assault can leave you feeling anxious and unsure about what comes next. It is important to handle the situation carefully and focus on protecting yourself throughout the legal process.

Be cautious about what you say and who you speak to about the situation, since your words may later be used as evidence. Make sure you appear at every required court hearing and speak with a defense lawyer as soon as you can.

Contact Our DeKalb, IL Assault Defense Attorneys

An assault charge can affect your reputation, your career, and your future. At Ramsell & Kunowski, L.L.C., we understand how serious these charges are and work closely with clients to build strong defenses and protect their rights.

We have handled over 20,000 misdemeanor and felony cases and have argued cases before the Illinois Supreme Court and the Supreme Court of the United States. With a strong appeals division, our firm has the experience and resources needed to handle complex assault cases at every stage. If you are facing assault charges, contact our Aurora, IL assault defense lawyers today. Call 630-786-6062 to discuss your options and protect your future.