Misdemeanor offenses must be addressed through legal means
Criminal offenses are classified as either misdemeanors or felonies. Felonies are the most serious criminal offenses possible. Misdemeanor offenses are considered less serious. Federal and state government recognize the distinction between misdemeanors and felonies, although there are significant differences in how criminal offenses are categorize and punished. Contact David Studenroth immediately at 847.292.9200 if you are accused of or arrested for a misdemeanor or felony. For the last 30 years Mr. Studenroth has been in practice as a criminal defense attorney. He has the experience and knowledge of Illinois Statutes you will need to help prove your innocence or negotiate a lesser charge or sentence.
Misdemeanor Crimes
A misdemeanor offense usually carries a potential jail sentence of less than one year, while felony offenses carry a potential incarceration sentence of a year or more. Examples of misdemeanor offenses include simple assault, shoplifting, trespassing, disorderly conduct, and other low-level crimes. However, every state classifies crimes differently, and a crime considered a misdemeanor in one could be considered a felony in another.
Misdemeanor Penalties
Even though misdemeanors are considered less serious than felonies, there is no guarantee that a conviction would carry lenient penalties. Misdemeanors can come with significant consequences. Although penalties can vary greatly depending on the states and the nature of the crime, they typically involve one or more of the following punishments:
- Jail – Misdemeanor offenses can be punished with up to a year in a county or city jail.
- Fines – Misdemeanor convictions will also typically involve some kind of fine, though the amount of the fine can differ significantly.
- Restitution – Misdemeanors involving property damage, loss of money, or other damages will include restitution orders. Restitution is money payed to compensate the victim for any loss or damages incurred. These orders can also include paying for prosecution costs or other court fees.
- Probation – A probation sentence is also possible if convicted of a misdemeanor offense (some felony offenses can also have a probation alternative). Probation typically lasts at least 12 months, during which time the convicted has to comply with court ordered conditions. These require the person to refrain from committing more crimes, reporting to a probation officer, paying all fines or restitution in the case, or performing community service, though individual conditions can differ significantly from case to case.
Examples of Misdemeanors
Here are a few examples of misdemeanors:
- Public Intoxication: This is when someone is drunk in public. Usually, the drunk person is being unruly.
- Speeding: Disobeying the speed limit usually results in a fine or a form of alternative sentencing.
- Trespassing: Trespass is considered an unlawful intrusion. It is different from burglary in that property is not necessarily stolen or damaged.
- Vandalism: Vandalism is the intentional destruction of another persons property.
A misdemeanor in Illinois is any crime that is punishable by a term of less than one year in local or county jail. Illinois lawmakers have designated misdemeanors as Class A, B, or C. (720 Ill. Comp. Stat. § 5/2-11; 730 Ill. Comp. Stat. §§ 5-1-14, 5/5-4.5-10.)
More serious crimes (felonies) are punishable by state prison terms of one year or more.
For more information on felonies in Illinois, see Penalties for Crimes in Illinois.
Class A Misdemeanor
A class A misdemeanor in Illinois is punishable by:
- up to one year in jail
- up to two years of probation (formal supervision), and a fine of up to $2,500
(730 Ill. Comp. Stat. § 5/5-4.5-55.)
For example, prostitution is a class A misdemeanor. (720 Ill. Comp. Stat. § 5/11-14.)
Class B Misdemeanor
A conviction for a class B misdemeanor can result in a sentence of:
- up to six months in jail
- up to two years of probation, and a fine of up to $1,500
(730 Ill. Comp. Stat. § 5/5-4.5-60.)
Possession of two-and-a-half to ten grams of marijuana is a class B misdemeanor. (720 Ill. Comp. Stat. Ann. § 550/4.)
Class C Misdemeanor
A class C misdemeanor is punishable by:
- up to 30 days in jail
- up to two years of probation, and a fine of up to $1,500
(730 Ill. Comp. Stat. § 5/5-4.5-65.)
For example, possession of less than two-and-a-half of marijuana is a class C misdemeanor. (720 Ill. Comp. Stat. Ann. § 550/4.)
Statutes of Limitations
All misdemeanors in Illinois are subject to a statute of limitations of 18 months. A statute of limitations is a time limit, after which criminal prosecution is no longer permitted. It begins to “run” when the crime is committed.
Misdemeanor and Felony Legal Help
Contact Dave Studenroth immediately at 847.292.9200 if you are accused of or arrested for a misdemeanor or felony. You will need legal assistance, either to help prove your innocence or negotiate a lesser charge or sentence.
For example, you need to get the best criminal attorney if you are charged with felony possession of an illegal substance, such as cocaine or marijuana, because sentencing for felony possession can entail multiple years in prison.
Even in situations involving misdemeanors, you need legal representation!
Criminal law is complicated. David Studenroth is an experienced Illinois criminal defense attorney that fully understands the details of the state’s statutes. He has years of experience as a prosecutor and defense attorney, and a solid reputation for having misdemeanor charges dropped, and for negotiating a lesser charge or sentence. Call Mr. Studenroth immediately if you’ve been accused of a crime at 847.292.9200 for a free consultation.