CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I
Also Known As: Assault, Simple Assault, Threatening, Verbal Assault, Threat of Harm

720 ILCS 5/12-1

Sec. 12-1. Assault.

Illinois Compiled Statute
720 ILCS 5/12-1
Offense Description
Assault
Offense Classification
Class C Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 30 days county jail · Fine up to $1,500
Supreme Court Rule 551 Mandatory Court Appearance
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/12-1 (Assault) is classified as a Class C Misdemeanor. Statutory sentencing scope: Up to 30 days county jail · Fine up to $1,500. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class C Misdemeanor

Up to 30 days county jail · Fine up to $1,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class C Misdemeanor
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
Search in Live Workstation ➔ Official ILGA Statute (ilga.gov) ->

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Assault Official ILGA · 720 ILCS 5/12-1 -> Class C Misdemeanor Release on Notice Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 12-1. Assault.

(a)

(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.

(b)

(b) Sentence. Assault is a Class C misdemeanor.

(c)

(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

This subsection does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 96-1551, eff. 7-1-11.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/12-1 in Illinois?

Under Illinois law, 720 ILCS 5/12-1 (Assault) is classified as a Class C Misdemeanor.

Sentencing Scope: Up to 30 days county jail · Fine up to $1,500

Is a court appearance mandatory for 720 ILCS 5/12-1 under Illinois Supreme Court Rule 551?

No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Is an individual accused of 720 ILCS 5/12-1 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/12-1?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/12-1 (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/12-1 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-12-1
Cross-Referenced ILCS Codes
720 ILCS 5/12-2

Aggravated assault

Class A Misdemeanor
720 ILCS 5/12-3

Battery

Class A Misdemeanor
720 ILCS 5/12-3.05
Detainable Rule 551

Aggravated battery

Class 3 Felony
720 ILCS 5/12-3.1
Rule 551

Battery of an unborn child

Class A Misdemeanor