General Info: Misdemeanor IL
Illinois Misdemeanor Classifications
- Illinois has three classes of misdemeanor crimes, Class A, Class B, and Class C.
- A misdemeanor conviction in Illinois can lead to fines, jail, or a combination of both.
- Misdemeanors in Illinois come with a maximum jail punishment of 364 days.
- In Illinois, crimes are often first misdemeanors, but become felonies on the second offense.
Illinois Misdemeanor Penalties
- Class A Misdemeanor – Up to 364 days in jail and/or a fine of up to $2500.
- Class B Misdemeanor – Up to 180 days in jail and/or a fine of up to $1500.
- Class C Misdemeanor – Up to 30 days in jail and/or a fine of up to $1500.
It is important to note these are the maximum penalties for each class of misdemeanor in Illinois. If you are convicted of a IL misdemeanor, you may receive a different form of punishment which could include:
- Court supervision – A penalty other than jail that does not go on your record as a conviction.
- Conditional discharge – A conviction, but there is no jail sentence. Could include community service or other measures.
- Probation – You receive a criminal conviction, may receive jail time in addition to probation.
Gun Laws & Concealed Carry Permits
Am I eligible for concealed carry in Illinois with misdemeanor charge?
The short answer is, it depends. To obtain a concealed carry permit in Illinois, you also need to have a Firearm Owners Identification (FOID) card, which has a number of restrictions enforced by the Illinois State Police Firearms Services Bureau. The primary area of restriction that would prevent someone with a misdemeanor conviction from obtaining a FOID is if the crime was either domestic violence or battery/assault with a firearm.
If you have a misdemeanor conviction for another crime, that is outside this scope, then you would be OK. That being said, there are 9 restrictions in place with the FOID at the federal level, with an additional 7 crafted by the State of Illinois that could prevent you from obtaining the CCL permit in Illinois.
Can I own a gun with a misdemeanor disorderly conduct?
Yes, you can own a gun with a misdemeanor disorderly conduct conviction in Illinois. If that is your only criminal conviction and you don’t fail another portion of the licensing protocol, then this fact alone would not prevent you from obtaining a gun license.
Can you own a firearm with a Misdemeanor in Illinois?
Yes, you can buy a gun in Illinois with a misdemeanor charge or conviction, except if you have been convicted of a crime related to domestic violence or assault/battery with a deadly weapon. To purchase a firearm in the State of Illinois, you would need to possess a Firearm Owners Identification Card (FOID) to buy a gun or ammunition in the State.
Your Work and a Misdemeanor Conviction in Illinois
Will a misdemeanor affect me having a bank job in Illinois?
It could, but it’s difficult to say because this will largely depend on the company where you are seeking employment. There is no law in Illinois that prohibits someone who has been convicted of a misdemeanor crime to work in a bank.
The employer would likely take a number of factors into account when looking at your application including when the misdemeanor was committed, the nature of the crime, and work experience since it happened.
Can you work at a hospital with a misdemeanor IL?
Yes, you can work at a hospital with a Illinois misdemeanor. There are no laws that prohibit a person from working in certain professions with misdemeanor convictions. That’s not to say your criminal conviction won’t show up on a criminal background check and you’ll need to explain the circumstances around your conviction. But, there is no law or preventative measure that would keep you banned from working within a hospital or the medical field.
If i have a job when I am convicted of a misdemeanor, do i have to tell my employer in Illinois?
No. In Illinois, there is no law that requires you to tell your employer if you have been convicted of a misdemeanor crime. Additionally, the Job Opportunities for Qualified Applicants Act (JOQAA), that was signed into Illinois law by Governor Pat Quinn on July 19, 2014 makes it illegal for employers to ask about your criminal record until they have deemed you qualified and either an interview is scheduled or conditional job offer is made.
Can you work in assisted living with a misdemeanor theft charge in Illinois?
Yes, if the employer chooses to hire you, then you should have no problems working in an assisted living facility in Illinois with a misdemeanor theft charge in Illinois. Most employers look at a number of factors when considering a new hire and your criminal background may certainly become visible in your pursuit of a job at an assisted living facility. It’s up to you to demonstrate that the conviction does not reflect your true character and that you would be a valuable asset to their company.
Questions about Misdemeanor Crimes in Illinois
Does Illinois have misdemeanor arson?
No, arson is a Class 2 Felony in the State of Illinois. However, there are a number of criminal misdemeanor statutes around disorderly conduct and property destruction. Depending on the specific details of your case, the government may choose to charge you with a ‘lighter’ crime, instead of arson in the case of a plea deal.
How much weed is a misdemeanor in Illinois?
There are a few considerations when it comes to weed in Illinois. Possession of between 10 and 30 grams of weed is a Class B Misdemeanor in Illinois. Also, possession of fewer than 5 plants of marijuana is a Class A Misdemeanor. Possession of cannabis over 30 grams, but under 100 grams is a Class A Misdemeanor. Delivery/manufacturing of cannabis over 2.5 grams, but less than 10 grams is a Class A Misdemeanor as well. The Cannabis Control Act of 1978 is the primary legal reference for laws around marijuana in the state,
Is a DUI a felony or misdemeanor in Illinois?
A first DUI is a Class A Misdemeanor in Illinois, with subsequent convictions carrying the possibility of become felonies. In Illinois, there are many crimes that have a doubling effect. This means that in the first instance, they are misdemeanors, but any additional convictions for the same crime would then elevate that crime to a felony charge. Driving under the influence is one such crime in Illinois.
How can i check if my case is a felony or misdemeanor in Illinois?
You can go the County Clerk’s website where you were arrested and look for the online court records that should be provided by the agency. Here, you would able to run a search using your name and see any court filings that have taken place involving you, and understand the nature of the charges against you. These filing documents will include the specific charge information and let you know if it’s a misdemeanor or felony.
Is a drinking ticket a misdemeanor in Illinois?
There are a few drinking-related misdemeanors in Illinois. First, illegal possession of alcohol by a minor is a Class A Misdemeanor, illegal consumption of alcohol by a minor is a petty offense. A DUI (driving under the influence) is a Class A Misdemeanor in Illinois.
Additionally, there may be tickets associated with the behavior that comes with being in a drunken state, such as public indecency, a Class A Misdemeanor or disorderly conduct, a Class C Misdemeanor.
Is a speeding ticket a misdemeanor in Illinois?
Speeding, up to a certain amount is not a misdemeanor in Illinois. However, there are a few speeding laws that can land you a misdemeanor charge. For instance, reckless driving is a Class A Misdemeanor in Illinois. Also, driving 26 miles per hour or more in excess of applicable limit is a Class B Misdemeanor in Illinois.
Is reckless driving a misdemeanor in Illinois?
Yes, reckless driving is a Class A Misdemeanor in Illinois. This crime carries a maximum penalty of 364 days in jail and/or a fine of up to $2,500. Of course, there are other sentencing options available to the judge and in reality, you are not likely to spend nearly a year in jail if this is your first reckless driving charge.
Is battery a misdemeanor in Illinois?
Simple battery is a Class A Misdemeanor in Illinois (720-5/12-3). There are also a pair of other battery charges that will get you a misdemeanor charge including domestic battery or battery of an unborn child. There is the possibility that if the charge is a second or third instance, it would be charged as a felony. Illinois has numerous offenses, particularly those related to violent acts that become felonies after the first instance.
Is public urination a misdemeanor in Illinois?
Public urination is a crime in every state and Illinois is no different. Public urination will be addressed by law enforcement, but the charge may come in the form of public indecency, a Class A Misdemeanor or disorderly conduct, a Class C Misdemeanor. This will largely depend on the county, law enforcement agency, and prosecutor in your case.
Is trespassing a misdemeanor in Illinois?
Yes, there are a number of misdemeanor crimes associated with trespassing in Illinois. Some of the most severe, that are Class A Misdemeanors include criminal trespass to residence, criminal trespass to vehicle, criminal trespass to state supported land, and criminal trespass to airport. Additionally, criminal trespass to real property is a Class B Misdemeanor.
What is a class p misdemeanor in Illinois?
There is no such thing as a Class P Misdemeanor in Illinois. In Illinois, there are three classes of misdemeanor crime, A, B, and C.
Is truancy in Illinois a misdemeanor?
Truancy is a misdemeanor crime in Illinois (705-405/3-33.5) in the Illinois Compiled Criminal Statutes, however, it is in the Class called Fines.
Is fleeing to elude a felony or misdemeanor in Illinois?
Flee or attempt to elude a peace officer in Illinois is a Class A Misdemeanor (625-5/11-204). There are a number of other obstruction-related crimes within the Misdemeanor category including resisting arrest, refusing to aid an officer, resisting or obstructing a peace officer, firefighter, or correctional officer. Besides refusing to aid an officer (720-5/31-8), these are all Class A Misdemeanors in Illinois.
Misdemeanor IL and My Criminal Record
How long does a misdemeanor stay on your record in Illinois?
Sadly, a misdemeanor will stay on your record for the rest of your life. It’s a common misconception that misdemeanor convictions in Illinois simply go away after a period of time. Unfortunately, a criminal conviction is with you for the rest of your life. There are some situations where a criminal conviction expungement can be pursued in Illinois, but they are not common.
Illinois How long does a misdemeanor theft stay on your record?
A misdemeanor theft is like all misdemeanor crimes in Illinois in that it will stay on your permanent record, unless you are a minor when the crime was convicted. In Illinois, misdemeanor convictions stay with you for the rest of your life on your permanent criminal record.
Does a misdemeanor go away in Illinois?
Unfortunately, a misdemeanor conviction does not just go away after you have served your sentence in Illinois. The crime will still be present on your criminal background check for the rest of your life. There are situations where this can be remedied, but they are not common.
Misdemeanor IL Penalty & Punishment Questions
Can a misdemeanor be dismissed in Illinois?
Certainly! A misdemeanor can be dismissed in Illinois if the judge does not find enough of evidence to merit the prosecution of the case. Often, if there is a procedural oversight by the State or evidence was improperly collected by the law enforcement agency, there is a good chance the case can be dismissed. With any case in Illinois, there are many possibilities and it’s always best to speak with an experienced trial attorney who can help navigate you through the process.
What is a criminal misdemeanor in Illinois?
A criminal misdemeanor is the same thing as a ‘misdemeanor’ in Illinois, there is no difference. The misdemeanor is the term for a classification of crime in Illinois, for which there are three classes, A, B, and C. There are a number of different crimes within each classification and the penalties differ for each Class. Class A is considered to be the most severe level of punishment and is used for crimes such as domestic battery, DUI, or prostitution for example.
In Illinois, how much public service work for misdemeanor?
There is no set number of hours of public service work that comes with a misdemeanor conviction in Illinois. Each case and county is different, the judge in each situation is the arbiter of punishment and ultimately decides the nature of punishment. This means that they could use a mix jail, fines, public service, probation, or other mechanisms to administer justice.
To get a better idea of how much public service your conviction will require, it’s advisable to speak with a lawyer in Illinois.
In Illinois, what misdemeanor offenses are arrest worthy?
Every misdemeanor offense in Illinois is arrest worthy as they are part of the Illinois Criminal Code. Each class of misdemeanor is different and will produce a different level of punishment. Additionally, the type of crime will also illicit a different response from the law enforcement agencies tasked with enforcing the laws.
Will misdemeanor affect obtaining licenses in Illinois?
A misdemeanor in the State of Illinois will not affect your ability to obtain a driver’s license. That being said, there are some notable exceptions to this rule, mainly if you have been convicted of a DUI or driving-related offense. Even in that case, your license might not get taken, but temporarily suspended.
Questions about Misdemeanor Shoplifting in Illinois
Is shoplifting a misdemeanor in Illinois?
Retail theft is a Class A Misdemeanor in Illinois (720-5/16-25). The maximum penalty for a retail theft in Illinois is up to 364 days in jail and/or a fine of up to $2,500. Additionally, the judge may use other sentencing mechanisms to administer justice.
Illinois trial court for misdemeanor shoplifting, which level of court?
In Illinois, shoplifting is considered retail theft (720-5/16-25), a Class A Misdemeanor and will be adjudicated in the county court where the crime took place and has been charged. The only extenuating circumstances that can add complexity to this type of charge is if the value of the amount stolen exceeds a certain monetary milestone. Then, you may be looking at felony charges depending on the nature of the crime.
In which court in Illinois would you appeal a misdemeanor shoplifting conviction?
If you are seeking to appeal a shoplifting conviction in the State of Illinois, you will need to file an appeal in the county where you were charged and also the appropriate appellate court within the State. It’s advisable to speak with an attorney who has the expertise to help you navigate this process as there are specific timelines that must be met for the appeal to not become void.
Class A Misdemeanor IL
Class A Misdemeanor IL Definition
A Class A Misdemeanor is the most serious misdemeanor crime in the State of Illinois with a maximum punishment of up to 364 days in jail and/or a fine of up to $2,500.
Some common crimes that fall within the Class A Misdemeanor classification in Illinois are: aggravated assault, battery, domestic battery, criminal damage to property, criminal defacement to property, criminal sexual abuse, criminal trespass to residence, criminal trespass to vehicles, deceptive practices, driving under the influence (DUI), driving with a suspended or revoked license, endangering the life or health of a child, interfering with the reporting of domestic violence, patronizing a prostitute, possession of marijuana (more than 10 grams, but less than 30 grams), possession of drug paraphernalia, possession of hypodermic needles, prostitution, public indecency, reckless conduct, resisting or obstructing a police officer’s actions, retail theft, solicitation of a prostitute, theft, and violation of an Order of Protection.
Class A Misdemeanor IL Penalty
The penalty for a Class A Misdemeanor will vary based on your case and is determined by the judge. Judges can apply the maximum penalty within each misdemeanor classification, the minimum or a combination of a punishments.
For a Class A Misdemeanor, the most jail time that can be assessed is 364 days and a maximum fine of up to $2,500. The judge can also use a combination of other sentencing mechanisms such as court supervision, conditional discharge or probation for punishment in a Class A Misdemeanor case.
Any jail time will likely be served in the county where the crime was committed and your court proceedings are taking place.
Class A Misdemeanor IL Crimes
| Crime | ILCS | Class | Type |
|---|---|---|---|
| Sale of Liquor to Minor, Intoxicated Persons | 235-5/6-16 | A | Misdemeanor |
| Illegal Possession of Alcohol by Minor | 235-5/6-20(a) | A | Misdemeanor |
| Flee or Attempt to Elude Peace Officer | 625-5/11-204 | A | Misdemeanor |
| Leaving the Scene Property Damage Accident | 625-5/11-402 | A | Misdemeanor |
| Driving Under the Influence – Alcohol | 625-5/11-501(a)2 | A | Misdemeanor |
| Driving Under the Influence – Intoxicating Compound | 625-5/11-501(a)3 | A | Misdemeanor |
| Driving Under the Influence-Drugs | 625-5/11-501(a)4 | A | Misdemeanor |
| Possession of medical cannabis in a motor vehicle | 625-5/11-502.1 | A | Misdemeanor |
| Reckless Driving | 625-5/11-503 | A | Misdemeanor |
| Street Racing | 625-5/11-506 | A | Misdemeanor |
| Theft of Motor Vehicle Parts or Accessories | 625-5/4-102 | A | Misdemeanor |
| Offenses relating to possession of titles and registration | 625-5/4-104 (4-5)(a) | A | Misdemeanor |
| Offenses relating to deletion or falsification of information on title document | 625-5/4-105.1 | A | Misdemeanor |
| No Driver’s License | 625-5/6-101 | A | Misdemeanor |
| Unlawful Use of Driver’s License | 625-5/6-301 | A | Misdemeanor |
| Fictitious or unlawfully altered driver’s license or permit | 625-5/6-301.1 | A | Misdemeanor |
| Suspended or Revoked Driver’s License | 625-5/6-303 | A | Misdemeanor |
| Permitting a driver under the influence to operate a motor vehicle | 625-5/6-304.1 | A | Misdemeanor |
| Unlawful subleasing of a motor vehicle | 625-5/6-305.1 | A | Misdemeanor |
| Insurance Fraud below $300 | 720-5/1-10.5(a) | A | Misdemeanor |
| Harboring a Runaway | 720-5/10-6 | A | Misdemeanor |
| Unlawful sending of a public conveyance travel ticket to a mino | 720-5/10-8.1 | A | Misdemeanor |
| Criminal Sexual Abuse | 720-5/11-1.50 (b) | A | Misdemeanor |
| Criminal Sexual Abuse | 720-5/11-1.50 (c) | A | Misdemeanor |
| Prostitution | 720-5/11-14 | A | Misdemeanor |
| Solicitation of a Sexual Act | 720-5/11-14.1 | A | Misdemeanor |
| Obscenity | 720-5/11-20 | A | Misdemeanor |
| Public Indecency | 720-5/11-30 | A | Misdemeanor |
| Adultery | 720-5/11-35 | A | Misdemeanor |
| Marrying a Bigamist | 720-5/11-45(a-5) | A | Misdemeanor |
| Solicitation to Meet a Child | 720-5/11-6.6 | A | Misdemeanor |
| Sexual Exploitation of a Child | 720-5/11-9.1 | A | Misdemeanor |
| Failure to Report Sexual Abuse of a Child | 720-5/11-9.1(b) | A | Misdemeanor |
| Sexual Predator/Child Sex Offender-Public Parks | 720-5/11-9.4.1 | A | Misdemeanor |
| Aggravated Assault | 720-5/12-2 | A | Misdemeanor |
| Battery | 720-5/12-3 | A | Misdemeanor |
| Battery of an Unborn Child | 720-5/12-3.1 | A | Misdemeanor |
| Domestic Battery | 720-5/12-3.2 | A | Misdemeanor |
| Violation of Order of Protection | 720-5/12-3.4 | A | Misdemeanor |
| Interfering With the Reporting of Domestic Violence | 720-5/12-3.5 | A | Misdemeanor |
| Disclosure of Domestic Violence Victim Location | 720-5/12-3.6 | A | Misdemeanor |
| Reckless Conduct | 720-5/12-5 | A | Misdemeanor |
| Criminal housing management | 720-5/12-5.1 | A | Misdemeanor |
| Cross burning | 720-5/12-7.6 | A | Misdemeanor |
| Tongue splitting | 720-5/12-10.2 | A | Misdemeanor |
| Sale of body parts | 720-5/12-20 | A | Misdemeanor |
| Parent or guardian leaving custody or control of child with child sex offender | 720-5/12-21.6-5 | A | Misdemeanor |
| Possession of unsterilized or vicious dogs by felons prohibited. | 720-5/12-36 | A | Misdemeanor |
| Abandonment of a school bus containing children | 720-5/12C-20 | A | Misdemeanor |
| Contributing to the Dependency & Neglect of a Minor | 720-5/12C-25 | A | Misdemeanor |
| Contributing to Criminal Delinquency of a Juvenile | 720-5/12C-30 | A | Misdemeanor |
| Tattooing the body of a minor | 720-5/12C-35 | A | Misdemeanor |
| Piercing the body of a minor | 720-5/12C-40 | A | Misdemeanor |
| Drug induced infliction of harm to a child athlete | 720-5/12C-45 | A | Misdemeanor |
| Endangering the Life or Health of a Child | 720-5/12C-5 | A | Misdemeanor |
| Hazing | 720-5/12C-50 | A | Misdemeanor |
| Unlawful transfer of a telecommunications device to a minor | 720-5/12C-65 | A | Misdemeanor |
| Theft – Not exceeding $500 in value | 720-5/16-1 | A | Misdemeanor |
| Possession of Stolen Property | 720-5/16-1(a)(4), 625-5/4-103, | A | Misdemeanor |
| Tampering/Theft of Communication Services | 720-5/16-18 | A | Misdemeanor |
| Theft of Lost or Mislaid Property – the value exceeds $500 but does not exceed $10,000 | 720-5/16-2 | A | Misdemeanor |
| Retail Theft | 720-5/16-25 | A | Misdemeanor |
| Theft of Labor or Services | 720-5/16-3 | A | Misdemeanor |
| Theft-related devices (key, device, scanner) | 720-5/16-6 | A | Misdemeanor |
| Deceptive Practices | 720-5/17-1 | A | Misdemeanor |
| Criminal Trespass to Residence | 720-5/19-4 | A | Misdemeanor |
| Criminal Defacement of Property | 720-5/21-1.3 | A | Misdemeanor |
| Criminal Trespass to Vehicle | 720-5/21-2 | A | Misdemeanor |
| Jackrocks violation | 720-5/21-4 | A | Misdemeanor |
| Criminal Trespass to State Supported Land | 720-5/21-5 | A | Misdemeanor |
| Unauthorized Possession or Storage of Weapons | 720-5/21-6 | A | Misdemeanor |
| Criminal Trespass to Airport | 720-5/21-7 | A | Misdemeanor |
| Unlawful Use of Weapons | 720-5/24-1 | A | Misdemeanor |
| Unlawful possession of firearms, other than handguns, and firearm ammunition | 720-5/24-3.1 | A | Misdemeanor |
| Unlawful possession of nitrous oxide with intent to breathe, inhale | 720-5/24.5-5 | A | Misdemeanor |
| Unlawful contact with streetgang members | 720-5/25-5 | A | Misdemeanor |
| Peeping Tom | 720-5/26-1(a)(11) | A | Misdemeanor |
| Unauthorized Videotaping & Live Video Transmission | 720-5/26-4 | A | Misdemeanor |
| Disorderly conduct with a laser or laser pointer | 720-5/26-7 | A | Misdemeanor |
| Gambling | 720-5/28-1 | A | Misdemeanor |
| Offering a bribe | 720-5/29-1 (b) | A | Misdemeanor |
| Offering a bribe | 720-5/29-1 (c) | A | Misdemeanor |
| Failure to Report Offer of Bribe | 720-5/29-3 | A | Misdemeanor |
| Resisting or obstructing a peace officer, firefighter, or correctional institution employee | 720-5/31-1 | A | Misdemeanor |
| Obstructing Identification | 720-5/31-4.5 | A | Misdemeanor |
| Obstructing an emergency management worker | 720-5/31-9 | A | Misdemeanor |
| Unlawful clouding of title | 720-5/32-13 | A | Misdemeanor |
| Payment of jurors by parties prohibited | 720-5/32-4d | A | Misdemeanor |
| Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious lien | 720-5/32-4f | A | Misdemeanor |
| Tampering with a certification by a public official | 720-5/32-8.1 | A | Misdemeanor |
| Failure to report a bribe | 720-5/33-2 | A | Misdemeanor |
| Solicitation misconduct (State government) | 720-5/33-3.1 | A | Misdemeanor |
| Solicitation misconduct (local government) | 720-5/33-3.2 | A | Misdemeanor |
| unlawful use of body armor | 720-5/33F-3 | A | Misdemeanor |
| Possession of Cannabis over 30gm to 100gm (misdemeanor) | 720-550/4 (c) | A | Misdemeanor |
| Delivery/manufacture cannabis over 2.5gm to 10gm | 720-550/5 (b) | A | Misdemeanor |
| Cannabis Plant(s) – Not more than 5 plants | 720-550/8 (a) | A | Misdemeanor |
| Possession of Drug Paraphernalia | 720-600/3.5 | A | Misdemeanor |
| Sale or Possession of Hypodermic Syringes or Needles | 720-635/1 & 2 | A | Misdemeanor |
| Permitting Sexual Abuse of a Child | 720-5/11-9.1A | A | Misdemeanor |
| Obstructing Emergency Management Worker | 720-5/31-9 | A | Misdemeanor |
| Resist, Obstruct, Disarm an Officer | 720-5/31-1 | A | Misdemeanor |
Class A Misdemeanor IL Questions
Can you still vote if you are convicted of a Class A Misdemeanor in IL?
Yes, if you are convicted for a Class A Misdemeanor in Illinois, you are still eligible to vote. As long as you are not incarcerated, you can register and cast a vote in Illinois.
Class A Misdemeanor court proceedings: what if the witness does not show up?
If a witness does not show up to your trial during a Class A Misdemeanor court proceeding in Illinois, it’s difficult to say what the outcome will be. Like with any case, there are many factors that affect the outcome of your case. How strong is the body of evidence against that the state has compiled? Do you have a qualified and experienced criminal lawyer? These are just a few of the factors that could influence the verdict in your case.
To get a better handle on your case, it’s always advisable to speak with an experienced criminal defense attorney who has been through the process before. They can help answer questions and explain how a witness no-show affects your specific case.
Is Misdemeanor Class A in Illinois less than one year?
The punishment for a Class A Misdemeanor in Illinois is less than one year, 364 days in jail. Any sentence beyond one year in jail in Illinois is charged as a felony. The judge has a number of other sentencing mechanisms they can use within their power as punishment including fines, probation, and conditional discharge.
What does a Class A Misdemeanor mean in Illinois?
A Class A Misdemeanor in Illinois means you are being charged with the most severe classification of misdemeanor crime in the State of Illinois. There are three classes of misdemeanor in Illinois, A, B and C with A carrying the worst punishments. Anything beyond a Class A Misdemeanor in terms of severity of crime, would begin to fall into Felony classification.
What is a Class A Misdemeanor in Illinois?
A Class A Misdemeanor in Illinois the most severe misdemeanor crime you can commit. There are a number of crimes that fall within this classification, see below for a comprehensive list.
What is the bond for a Class A Misdemeanor in Illinois?
There is not one specific amount bond price for a Class A Misdemeanor in Illinois. Often, bond for misdemeanors in Illinois is set by rule of court, which means if you are arrested, you wouldn’t have to go before a judge to have your bond set, it would kick-in automatically.
Will a Class A Misdemeanor in Illinois cause me to lose my concealed carry permit in another state?
This would really depend on the laws of the state where your conceal carry permit is held. Since there is no federal concealed carry law, each state has their own rules and regulations. If you’re in a situation where you’ve been arrested for a Class A Misdemeanor in Illinois and a conviction would lead to losing your concealed carry license in your home state, you should strongly consider speaking with a lawyer to avert the initial conviction in Illinois. Remember, an arrest does not mean a conviction and there are a lot of ways that a capable lawyer can help you avoid being convicted of a Class A Misdemeanor in Illinois.
Will a Class A Misdemeanor stay on your record in Illinois?
Yes, a Class A Misdemeanor will stay on your record in Illinois. Illinois’s expungement laws quite limited, but there is an opportunity to have your records sealed. It’s advisable to speak with an experienced criminal defense lawyer, who can help you navigate the Illinois legal system and pursue the best outcome available in your specific situation.
Is a Misdemeanor Class A in Illinois less than one year?
Yes, a Misdemeanor Class A maximum sentence is 364 days in jail and/or a fine of up to $2,500. There are other sentencing mechanisms like probation available for the judge in your case to use as well.
What does a Class A Misdemeanor mean in Illinois?
A Class A Misdemeanor is the most serious misdemeanor charge in Illinois and a conviction will be present on your criminal record for the rest of your life. In order to prevent this permanent mark on your record, it’s important to speak with an attorney as soon as possible if you have been charged with a crime in Illinois.
What is the bond for a Class A misdemeanor?
The bond for a Class A Misdemeanor in Illinois will vary based on the type of crime, your criminal background, the county, and the judge’s preferences. Some bonds are set by rule of the court, which means a bond amount will be assessed automatically without needing to appear before a judge.
Will a Class A Misdemeanor stay on your record in Illinois?
Yes, a Class A Misdemeanor will stay on your record in Illinois if you are convicted and the judge did not use a sentencing mechanism that allowed for the charge to disappear with good behavior after a certain period.
Class B Misdemeanor IL
Class B Misdemeanor IL Definition
A Class B Misdemeanor is the 2nd-most serious criminal misdemeanor charge in Illinois and carries a maximum penalty of up to 180 days in jail and/or a fine up to $1,500.
Some common crimes that fall within the Class B Misdemeanor classification in Illinois are: aggravated speeding, altering or defacing a serial number on machinery, criminal trespass to land, computer tampering, harassment by telephone, littering, obstruction of service process, picketing a residence, simulating a legal process, possession of marijuana (more than 2.5 grams but less than 10 grams), telephone harassment, window peeking (peeping tom), theft from coin-operated machine or device, transmission of obscene messages, interference with emergency communications, delivery/manufacture of cannabis (2.5 grams or less), delivery container theft, and failure to report hazing.
Class B Misdemeanor IL Penalty
The penalty for a Class B Misdemeanor will vary based on your case and is determined by the judge. Judges can apply the maximum penalty within each misdemeanor classification, the minimum or a combination of a punishments.
For a Class B Misdemeanor, the most jail time that can be assessed is 180 days and a maximum fine of up to $1,500. The judge can also use a combination of other sentencing mechanisms such as court supervision, conditional discharge or probation for punishment in a Class B Misdemeanor case.
Any jail time will likely be served in the county where the crime was committed and your court proceedings are taking place.
Class B Misdemeanor IL Crimes
| Crime | ILCS | Class | Type |
|---|---|---|---|
| Driving 26 miles per hour or more in excess of applicable limit | 625-5/11-601.5 | B | Misdemeanor |
| Fornication | 720-5/11-40 | B | Misdemeanor |
| Failure to report Hazing | 720-5/12C-50.1 | B | Misdemeanor |
| Theft of Lost or Mislaid Property – the value does not exceed $500 | 720-5/16-2 | B | Misdemeanor |
| Delivery Container Theft | 720-5/16-28 | B | Misdemeanor |
| Theft From Coin-Operated Machine or Device | 720-5/16-5 | B | Misdemeanor |
| Computer Tampering | 720-5/17-51 | B | Misdemeanor |
| Criminal Damage to Property | 720-5/21-1 | B | Misdemeanor |
| Criminal Trespass to Real Property | 720-5/21-3 | B | Misdemeanor |
| Register of Sales by Dealer | 720-5/24-4 | B | Misdemeanor |
| Interference with Emergency Communication | 720-5/26-2 | B | Misdemeanor |
| Harassment by telephone | 720-5/26.5-1 | B | Misdemeanor |
| Transmission of Obscene Messages | 720-5/26.5-1 | B | Misdemeanor |
| Harassment through Electronic Communications | 720-5/26.5-3 | B | Misdemeanor |
| Evidence inference | 720-5/26.5-4 | B | Misdemeanor |
| Obstructing Service of Process | 720-5/31-3 | B | Misdemeanor |
| Witnesses; prohibition on accepting payments before judgment or verdict | 720-5/32-4c | B | Misdemeanor |
| Simulating legal process | 720-5/32-7 | B | Misdemeanor |
| Possession of Cannabis over 10gm to 30gm (misdemeanor) | 720-550/4 (b) | B | Misdemeanor |
| Delivery/manufacture cannabis 2.5gm or less | 720-550/5 (a) | B | Misdemeanor |
Class B Misdemeanor IL Questions
Do I need an attorney for a Class B Misdemeanor IL?
If you have been charged with a Class B Misdemeanor in Illinois, it’s highly advisable to speak with a lawyer. You’ll live if you don’t hire an attorney and trudge through the legal process by yourself, but the odds are stacked against you. It’s similar to going out to a nice restaurant and saying ‘I could cook all this at home, by myself.”
Of course it’s possible, you would go to the store, get the ingredients, try to learn the recipes, work on your cooking technique, and then presumably need to practice until you matched the level of quality on display at the restaurant. But, this is time-consuming, frustrating, and there is no guarantee you end up with a satisfying meal.
Take this analogy and apply it to your court case. Wouldn’t it be much easier and better to work with an expert, who has gone through the process hundreds of times, knows the legal system and can work efficiently to produce the best outcome possible for you?
How long for a Class B Misdemeanor to get off your record in Illinois?
Unfortunately, a criminal conviction is with you for life. A Class B Misdemeanor conviction will stay on your permanent record and be present for any criminal background check in the future. There are a number of exceptions to this, with regard to alternative sentencing measures where you are given a punishment, but not actually ‘convicted’ of a crime. There are some expungement options available for those in Illinois, but they are limited.
The best way to get a Class B Misdemeanor off your record is to prevent it in the first place with the assistance of an experienced and dedicated criminal defense lawyer.
What is a Class B Misdemeanor in Illinois?
A Class B Misdemeanor in Illinois is the middle-tier misdemeanor between A and C, and carries the second most severe punishment within the misdemeanor classification. There are a range of crimes that fall within this classification, which we have outlined in detail above. For Class B Misdemeanors in Illinois, the maximum jail sentence is capped at 180 days and/or a fine of up to $1500.
What is the effect of a Class B Misdemeanor in Illinois?
The effect of a Class B Misdemeanor in Illinois can be minimal to devastating depending on your situation. For starters, you will be dealing with a criminal record for the rest of your life if convicted. Illinois only has a few situations where expungement of criminal records is possible. Unless the judge applies a penalty that does not count as a conviction, the Class B Misdemeanor would show up on all future criminal background checks.
Depending on your sentence, there could be a range of consequences that affect your job, relationships, and family. For instance, if you are sentenced to an extended period of jail, you may not be able to keep your job. The conviction may also put strain on family or romantic relationships and remove you from your day-to-day life.
From a financial point of view, you may be ordered to pay fines or restitution depending on your case. There are also typically court costs involved with your case. In addition to a lawyer, these costs can begin to add up quickly.
How to get rid of a Class B Misdemeanor from Illinois for alcohol possession?
Unfortunately, it’s not possible to ‘get rid’ or a Class B Misdemeanor in Illinois for alcohol possession. If you are convicted for this crime, it will appear on your permanent criminal record. The good news is that judges and prosecutors are fairly lenient when it comes to initial alcohol possession crimes, particularly with regards to minors or those under 21.
What is the effect of a Class B Misdemeanor in Illinois?
The effects of a Class B Misdemeanor will depend on a number of factors including the type of crime in question and the quality of counsel you have obtained. As a starting point, the maximum punishment for a Class B Misdemeanor in Illinois is 180 days in jail and/or a fine of up to $1,500. Depending on the type of crime, your judge will administer a punishment that they feel serves justice in the case. This could affect your work life, personal life, relationships and general sense of serenity. A conviction will stay with you for the rest of your life. Although there have been changes in Illinois law, which makes it harder for employers to discriminate against those with criminal records in job selection, it is still an issue that will likely come up.
Class C Misdemeanor IL
Class C Misdemeanor IL Definition
A Class C Misdemeanor is the least serious misdemeanor classification in Illinois and carries a penalty of up to 30 days in jail and/or a fine of up to $1,500.
Some common crimes that fall within the Class C Misdemeanor classification in Illinois are: assault, disorderly conduct, possession of marijuana (less than 2.5 grams), educational intimidation, disorderly conduct at a funeral or memorial service, improper usage of registration, unlawful sale of a public conveyance travel ticket to a minor, false representation to a tattoo or body piercing business as the parent or legal guardian of a minor.
Class C Misdemeanor IL Penalty
The penalty for a Class C Misdemeanor will vary based on your case and is determined by the judge. Judges can apply the maximum penalty within each misdemeanor classification, the minimum or a combination of a punishments.
For a Class C Misdemeanor, the most jail time that can be assessed is 30 days and a maximum fine of up to $1,500. The judge can also use a combination of other sentencing mechanisms such as court supervision, conditional discharge or probation for punishment in a Class C Misdemeanor case.
Any jail time will likely be served in the county where the crime was committed and your court proceedings are taking place.
Class C Misdemeanor IL Crimes
| Crime | ILCS | Class | Type |
|---|---|---|---|
| Improper Use of Registration | 625-5/3-703 | C | Misdemeanor |
| Unlawful sale of a public conveyance travel ticket to a minor | 720-5/10-8 | C | Misdemeanor |
| Assault | 720-5/12-1 | C | Misdemeanor |
| Educational Intimidation | 720-5/12-7.2 | C | Misdemeanor |
| False representation to a tattoo or body piercing business as the parent or legal guardian of a minor | 720-5/12-10.3 | C | Misdemeanor |
| Firearms; Child Protection | 720-5/24-9 | C | Misdemeanor |
| Handgun safety devices | 720-5/24-9.5 | C | Misdemeanor |
| All Other Disorderly Conduct | 720-5/26-1 | C | Misdemeanor |
| Disorderly conduct at a funeral or memorial service | 720-5/26-6 | C | Misdemeanor |
| Use, Sale or Delivery of Intoxicating Compounds | 720-690/1 | C | Misdemeanor |
| Use, Sale or Delivery of Intoxicating Compounds | 720-6902 | C | Misdemeanor |
Class C Misdemeanor IL Questions
Can a Class C Misdemeanor IL be dismissed with a state motion after 15 years?
It’s a common misconception that a certain time limit removes criminal convictions from one’s record. A Class C Misdemeanor is, unfortunately, on your record for life. There are some exceptions for criminal conviction expungement in Illinois, but they are few and far between. The best method to get a Class C Misdemeanor removed from your record in Illinois is to prevent it in the first place with the help of a qualified and aggressive lawyer.
How long does a Class C Misdemeanor stay on your record in Illinois?
Unfortunately, you are stuck with a Class C Misdemeanor conviction for life. There are some options available to have criminal records sealed or expunged in Illinois, but they are few and far between. Sadly, there is a lot of bad information out there or misconception about the duration of a criminal record in Illinois.
This is why it’s so important to fight against receiving an initial conviction.
Is a Class C Misdemeanor jailable in Illinois?
Yes, a Class C Misdemeanor is a jailable offense in Illinois. The maximum sentence that can be applied for a Class C Misdemeanor is up to 30 days in jail, and/or a $1,500 fine. There are a number of other sentencing mechanisms that a judge can use to deploy punishment, but jail is certainly on the table for a Class C Misdemeanor.
What is a Class C Misdemeanor in Illinois?
A Class C Misdemeanor is the least severe misdemeanor. This Class carries a maximum jail sentence of 30 days and/or a fine of up to $1,500. Although the Class C Misdemeanor is considered the least severe in terms of punishment, it can be a major nuisance and should still be dealt with quickly and with the help of experienced counsel.
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