When Words Become Crimes: Verbal Threats and Assault Charges

 Posted on July 22, 2025 in Criminal Law

When you hear the term "assault," most of us think of it as a physical act. In fact, you can be charged with assault in Illinois (720 ILCS 5/12-1) without ever actually touching the other person. In some cases, words alone – if those words are spoken in a threatening manner – can be enough to result in assault charges.

A verbal threat that causes another person to fear imminent harm can meet the legal definition of assault, depending on how and when the threat is delivered. If you are facing assault charges based on something you said, it is extremely important that you speak to a knowledgeable Plainfield, IL criminal defense lawyer.

What Is Assault in Illinois?

Assault occurs when a person engages in conduct that places another person in reasonable fear of being injured. Assault is a threat, whether real or implied, of a battery, which involves actual bodily harm. Battery requires actual physical contact of an insulting or provoking nature, while assault does not require actual physical contact and may only involve verbal threats. Simple assault is a Class C misdemeanor.

Aggravated assault is more serious and may be charged as a misdemeanor or a felony, depending on the level of injury, and whether a firearm is involved, whether the defendant is hooded or masked during the assault, and whether the assault is against a person over 60, teachers or coaches, on public property, or at an NCAA event.  

When Do Verbal Threats Turn Into Assault?

A verbal threat on its own may not rise to the level of assault. A verbal threat can become assault if it is combined with a threatening action. If a person says, "I’m going to punch you!" while standing 10 feet away, this is unlikely to be considered assault. If, however, the person utters those same words while raising his or her fists and advancing menacingly, the combination of words and actions could be considered assault.

A verbal threat may also become a crime if a person threatens to harm or kill another person, the threat is clear, and the person the threat is directed against reasonably believes the threat will be carried out. The key to whether a verbal threat can be considered an assault is whether a reasonable person would truly believe he or she was in imminent danger of being harmed.

What Types of Verbal Threats Do Not Rise to the Level of Assault?

Threats of future harm are usually not considered assault because the threat of actual contact is not imminent. For instance, if one person says to another, "I’m going to stab you tomorrow," this is usually not considered assault in Illinois. A threat, without accompanying physical action, may or may not be considered assault.

If one person tells another "I’m going to shoot you next week," but is not holding a gun, and makes no threatening gesture, then unless the listener has a reasonable fear of harm (i.e., because the person has shot at him or her on a prior occasion), then the person will not likely be charged with assault.  

What Are the Legal Penalties for Assault Based on a Verbal Threat?

Simple assault in Illinois is a Class C misdemeanor with a maximum fine of $500 and up to 30 days in jail. Up to 120 hours of community service could also be ordered. Aggravated assault could be charged as a Class A misdemeanor or a Class 4 felony, but assault based on a verbal threat is unlikely to be charged as aggravated assault.  

Contact a Will County, IL Criminal Defense Lawyer

If you have been accused of making a verbal threat that crossed the line into assault, it is extremely important to speak to a Joliet, IL criminal defense attorney from Reeder & Brown, P.C.. Our firm is committed to honesty, integrity, and exceptional customer service. To schedule a free consultation, call 815-885-5980.