Is Verbal Assault Still Charged as Assault in Illinois?
Illinois’s assault laws don’t require physical contact for the authorities to file charges against you. That said, insulting words or similar language will likely not lead to an assault charge in the absence of other illegal acts. However, words accompanied by threatening actions could justify an assault charge in some circumstances, which you could call “verbal assault.” A Belleville, IL, assault defense lawyer can help you fight a verbal assault charge by showing that your actions didn’t meet the necessary threshold for prosecution.
How Illinois Law Defines Assault
State law enforcement agencies typically prosecute assault cases in Illinois. State law defines assault as knowingly acting in a way that gives someone a reasonable fear of bodily harm, regardless of whether the victim actually suffers any injury. The critical thing to note about this law is that physical contact is not necessary for the authorities to accuse someone of assault. The charge can apply as long as prosecutors can prove the victim had a reasonable fear of injury or death.
As a point of comparison, the Illinois battery statute says someone commits a crime when they injure someone or make physical contact “of an insulting or provoking nature.” Battery is the more severe charge because it involves physical contact, whereas assault does not.
When Words Escalate to Verbal Assault
Generally, words alone aren’t enough to justify an assault charge in Illinois. Simply yelling or making rude or offensive comments isn’t a crime, no matter how upsetting they may be. However, if someone pairs angry or confrontational words with threatening actions that make someone fear for their safety, the situation could become criminal.
For example, raising a fist, charging toward someone, or making a threatening move while shouting something violent could be enough to support an assault charge. The key is whether the other person had a reasonable fear of being attacked and injured. It’s not just what was said – it’s how it was said, what the attacker allegedly did, and the other person’s reaction.
Penalties for Verbal Assaults in Illinois
Under Illinois law, basic assault is a Class C misdemeanor. Penalties for Class C misdemeanors include up to 30 days in jail and a fine of up to $1,500.
In certain circumstances, a verbal assault can rise to aggravated assault, which is usually a Class A misdemeanor. The penalties for Class A misdemeanors include up to 364 days in jail and a fine of up to $2,500. However, there are situations where aggravated assault can be a Class 4 or Class 3 felony. The penalties for Class 4 felonies include up to six years in prison, while a Class 3 felony conviction carries up to 10 years in prison.
Some situations where basic assault can become aggravated assault include:
- Assaults on public employees or utility workers
- Assaults on people with disabilities
- Assaults on people age 60 or older
- Assaults in places of worship
- Assaults on public streets or public property
- Assaults at sports venues, parks, or other public “places of amusement”
Contact an Illinois Verbal Assault Defense Lawyer
Verbal assault charges are difficult to prove because they typically don’t involve physical harm, but that doesn’t mean you shouldn’t take your case seriously. Madelyn Daley & Associates can review all the evidence to show how your actions and words don’t meet the threshold for assault or that the alleged victim did not have a reasonable fear of harm. Call now or complete our contact form for a free consultation.