Illinois Assault Charges and Hate-Crime Penalties

 Posted on November 07, 2025 in Assault & Battery

In Illinois, an ordinary assault can quickly escalate into a felony hate-crime charge if prosecutors believe it was motivated by bias or prejudice. Crimes committed because of another person’s race, religion, sexual orientation, gender identity, or disability can be more harshly punished under 720 ILCS 5/12-7.1, even when no physical contact occurs.

A heated argument that includes a shouted slur or a threatening gesture can lead to felony-level charges and penalties, probation restrictions, and a permanent criminal record. Defendants must understand how Illinois defines "hate or bias motivation" because intent and perception, rather than the injury, often determine the outcome. A DuPage County, IL criminal defense attorney can build a strong defense on your behalf, resulting in the best possible outcome.

How Does Illinois Law Define Assault?

Under 720 ILCS 5/12-1, knowingly engaging in conduct that places another person in reasonable fear of injury is an assault. No physical contact is required for a person to be charged with assault. If two neighbors are engaged in a verbal altercation, and one of them threatens to break the other’s legs while walking toward him in a menacing manner, the mere fear of harm is enough to result in assault charges. Aggressive gestures, brandishing an object, or verbal threats combined with physical movement can all be considered assault under the law.

How Can Illinois Assault Charges Be Enhanced for Bias or Hate Motivation?

Under the Illinois hate crime statute (720 ILCS 5/12-7.1), a misdemeanor assault, battery, trespass, or property damage can be elevated to a felony when the crime is committed as a result of hostility toward another’s race, ethnicity, religion, gender, gender identity, sexual orientation, disability, or perceived disability. The enhancement upgrades are as follows:

Simple assault (a Class C misdemeanor) can be upgraded to a Class 4 felony hate crime. A Class 4 felony conviction can result in a prison term of one to three years and a fine of up to $25,000. Aggravated assault, which can be a Class A misdemeanor, depending on the circumstances, can be upgraded to a Class 3 hate crime felony, with enhanced fines and community service requirements.

A repeat hate-crime offense can be charged as a Class 2 felony, with penalties of three to seven years in prison and up to a $25,000 fine. A person convicted of a hate crime may also have to attend mandatory sensitivity training, make restitution to the victim, and face a civil lawsuit for damages.

What Must Prosecutors Prove to Show That the Assault Involved Bias or Hate?

To add a hate-crime enhancement, the prosecutor must show:

• An underlying crime (like assault)
• Bias intent
• A connection between the motive and the act

Evidence in these cases often includes words or slurs used during the incident, as well as statements from victims or witnesses about perceived bias. Evidence can also include the location, such as an attack near a religious or LGBTQ site. If the defendant has posted on social media or sent texts that indicate prejudice, this can also be used as evidence.

What Are the Most Common Defenses to Hate Crime Charges?

Each situation is unique, and the defense attorney will construct a defense tailored to the specific circumstances and evidence.  Some of the most common defenses include the free speech defense, mistaken identity, challenges to the evidence, lack of bias intent, and the prosecution relying solely on language without proof of intent to intimidate.

Contact a Wheaton, IL Criminal Defense Attorney

If you are facing charges of assault in Illinois and the state is alleging hate-crime motivation, your case has already been elevated to felony status. A highly skilled DuPage County, IL assault lawyer from Stephen A. Brundage can challenge the evidence of bias, protect your rights, and work hard to reduce or dismiss the enhancement before it can define your future.

Attorney Brundage has a law enforcement background, having served as a police officer, evidence technician, instructor, and investigator. This experience, along with his 30 years of legal experience, provides key advantages to his clients. Schedule your free consultation by calling 630-260-9647.