Can You Go to Jail for Assaulting a Police Officer?

On Behalf of Madelyn Daley & Associates   |   Dec 2, 2025   |   Assault

Assaulting a police officer is a serious offense in Illinois that can lead to severe penalties, including a jail sentence and steep fines. If you were charged with the assault of a police officer, it’s vital that you take the charges seriously and hire an experienced criminal defense law firm to handle your case.

Difference Between Assault and Battery

It’s important to understand exactly what you are being charged with. In Illinois, assault and battery refer to two different, but related criminal acts, with battery being the more severe of the two.

Assault refers to engaging in threatening behaviors that make another person fear that they are at risk of imminent bodily harm. Battery refers to the act of physically harming another person.

Depending on which of these charges you’re facing, the penalties can be drastically different, as can the defenses available to you. A criminal defense lawyer can explain the charges you’re facing.

Aggravating Circumstances

When an assault or battery is committed against a police officer, that is an aggravating circumstance. Aggravating circumstances increase the severity of the penalties you could face. For example, assault is typically a Class C misdemeanor, while aggravated assault against a police officer is a Class 4 felony.

Additional aggravating circumstances may also be present, such as if a firearm or other deadly weapon was used in the assault.

Penalties for Aggravated Assault of a Police Officer

The penalties for aggravated assault of a police officer include imprisonment for one to three years and a fine of up to $25,000. Upon release from prison, you may also be on parole for one year.

Even at the low end, these penalties can have a significant impact on your life. They can cause you to lose your job and make it difficult to land a new job now that you have a felony conviction on your record. This is why it’s so important to fight serious charges like these.

Penalties for Aggravated Battery of a Police Officer

Aggravated battery of a police officer is a Class 2 felony. The penalty for conviction includes imprisonment for between three and seven years and a fine of up to $25,000. Following your release, you will also be on parole for a period of two years.

Since aggravated battery is a more serious offense than aggravated assault, the imprisonment and parole penalties are more severe.

Possible Defenses Against Assault or Battery of a Police Officer

If you are charged with assault or battery of a police officer in Illinois, several defenses may be available to you, including:

  • Demonstrating that you were not aware that the alleged victim was a police officer, particularly if they were not in uniform and did not identify themself as such
  • Showing that you were acting in self-defense against an unlawful use of force
  • Questioning the credibility of witnesses and other evidence, especially if the police officer was not wearing a body camera at the time
  • Negotiating for a plea agreement that reduces the charges and penalties you face

The best way to secure a favorable outcome in your case is to hire a criminal defense lawyer to represent you.

Contact Our Belleville Criminal Defense Attorneys

If you have been charged with the assault or battery of a police officer in Illinois, contact Madelyn Daley & Associates for a free consultation with an experienced Belleville criminal defense attorney. During your consultation, one of our lawyers will explain your charges, the potential penalties you could face, and some of the possible defenses you could use. We’re dedicated to criminal defense and will do everything in our power to protect your reputation and your future from criminal charges.