Is Throwing Something at Someone Considered Assault in Illinois?
You don’t have to make physical contact to be charged with assault in Illinois. Something as simple as throwing a drink could potentially lead to criminal charges. Fortunately, those charges don’t always lead to convictions, especially when you work with an experienced criminal defense attorney.
How Illinois Defines Assault
Assault is any conduct that places another person in reasonable apprehension of physical harm. In other words, if your behavior causes someone to fear that they’re about to be hurt, that alone may qualify as assault – even if you never actually touch them.
Can Throwing Something Count as Assault?
Throwing something at someone can be assault if that person reasonably believes they are about to be hit. Whether you actually make contact doesn’t always matter under the Illinois assault statute. Prosecutors typically focus on what a reasonable person in the target’s position would have thought at the moment. Examples of these situations include:
- Throwing a glass at someone during an argument
- Hurling a rock toward a car with someone inside
- Tossing a bottle in a crowded bar
The key question is whether your actions created a reasonable apprehension of immediate physical harm. If you threw the object in anger or recklessness, and the other person felt threatened, that could be enough to file assault charges.
Assault vs. Aggravated Assault
In some cases, throwing something could elevate the charge to aggravated assault, which is a more serious offense. The enhancement depends on:
- Whether you used a deadly weapon
- Who the victim was (for example, a police officer, teacher, or senior citizen)
- The location of the incident (public roadway, school, public property)
For example, if you threw a heavy object at a police officer or tossed something at someone while driving near a school, prosecutors might file an aggravated assault charge. If the object qualifies as a deadly weapon, that could also increase the charges.
What Happens If You Actually Hit Someone?
If you make physical contact (whether or not you intended to), prosecutors may charge you with battery. Throwing something and hitting someone is likely to result in battery charges. If the contact causes injury, you could be charged with aggravated battery.
Unlike assault, battery is about the contact itself, not just the threat. The specific charge depends on the harm, the object, and who was involved. For instance, throwing hot coffee at someone could lead to aggravated battery charges if it causes burns, whereas tossing a drink in someone’s face during an argument might be charged as misdemeanor battery.
Intent and Other Defenses
Intent matters in assault cases. You must have acted knowingly or intentionally to make the other person fear harm. An emotional reaction, a heated argument, or a poorly timed gesture can easily be misinterpreted. You might know you weren’t trying to hurt anyone – but if someone felt threatened and called the police, you can be charged.
However, there are defenses available. Some of the most common defenses to assault charges include:
- Lack of intent to cause fear or injury
- Self-defense or defense of others
- Lack of reasonable apprehension (the other person wasn’t actually afraid, or their fear wasn’t reasonable)
- Mistaken identity or false accusations
Eyewitness accounts, surveillance footage, and police reports are often key evidence in these cases.
Contact an Illinois Assault Defense Attorney to Discuss Your Case
If you’re accused of assault, you need an experienced criminal defense attorney as soon as possible. Assault laws in Illinois can be nuanced. A strong defense can protect your rights and minimize any potential consequences. Contact Madelyn Daley & Associates to discuss your case today.