What Is a Class B Misdemeanor in Illinois?
Illinois divides misdemeanor offenses into three classes: A, B, and C. Class B sits in the middle. It carries less sentencing exposure than a Class A misdemeanor, but it is a criminal charge, and the record consequences are similar to other misdemeanor convictions.
That distinction matters more than most people realize. A Class B charge is more significant than a simple traffic ticket, civil fine, or petty offense – it is a criminal prosecution. A conviction goes on your permanent record, shows up on background checks, and can affect employment, housing, and professional licensing the same way a more severe conviction does.
Class B Misdemeanor Penalties
A conviction for a Class B misdemeanor in Illinois can result in:
- Up to 180 days in county jail
- Fines of up to $1,500, plus mandatory court costs and assessments
- Probation of up to 2 years
- Conditional discharge
- Court supervision of up to 2 years
The penalties for a Class B misdemeanor are governed by 730 ILCS 5/5-4.5-60.
No Mandatory Jail Time, But Still a Criminal Charge
Unlike more severe offenses, Class B charges in Illinois do not require the court to impose jail time. The court has full discretion on sentencing alternatives, which gives the defense genuine room to argue for supervision or conditional discharge. A Class B conviction still goes on your permanent criminal record, and the collateral consequences are identical to any other misdemeanor conviction. The absence of a jail minimum does not make this charge minor.
Common Class B Misdemeanor Charges in Illinois
Class B is a smaller, more defined category than Class A. Fewer charges land here, but the ones that do tend to catch people off guard.
1
Aggravated Speeding (26–34 MPH Over)
Criminal misdemeanor, not a traffic fine. Elevates to Class A at 35+ mph over. School zones and prior convictions increase penalties.
In 2011, Illinois enacted Julie’s Law, which converted excessive speeding from a fine-only petty offense into a criminal misdemeanor. Before that change, driving 26 mph over the speed limit resulted in a traffic ticket. After it, the same conduct became a Class B misdemeanor under 625 ILCS 5/11-601.5, with jail time and a permanent criminal record as possible consequences.
Most drivers who are stopped for aggravated speeding still do not know they are being charged with a crime. By the time the court date arrives, the opportunity to intervene early has often passed.
Driving 26 to 34 mph over the posted limit is Class B. Driving 35 mph or more over the limit is a Class A misdemeanor. Special circumstances increase exposure further: a prior aggravated speeding conviction, an offense in a school zone, or an offense in a construction or maintenance zone can all result in tougher sentences.
Court supervision was originally prohibited under Julie’s Law when it first passed. The legislature restored supervision eligibility in 2015, which means first-time and eligible defendants now have a path to resolve the charge without a conviction on their record. That outcome requires the right legal strategy from the start.
2
Cannabis Possession (10–30 Grams)
Still a criminal charge despite Illinois legalization. Under 10g is civil, but over 30g elevates to Class A.
Illinois legalized recreational cannabis under the Cannabis Regulation and Tax Act, which took effect January 1, 2020. What that law did not do is eliminate criminal exposure for possession above the civil threshold.
Under 720 ILCS 550/4, possession of 10 to 30 grams of cannabis remains a Class B misdemeanor in Illinois. Possession of less than 10 grams is a civil matter, with no criminal record consequences. Possession of more than 30 grams elevates to a Class A misdemeanor. Possession with intent to deliver is a felony regardless of quantity.
The legalization of cannabis created a widespread misconception that possession charges are no longer a concern. For amounts between 10 and 30 grams, that assumption is wrong. A conviction at this level is a criminal record, with all of the same consequences that follow any other misdemeanor conviction.
3
Criminal Trespass to Land
Entering or remaining on property without permission. Elevates to Class A or Class 1 felony with aggravating circumstances.
Under 720 ILCS 5/21-3, criminal trespass to land covers a broader range of conduct than most people assume. It is not limited to breaking into buildings. The charge applies to anyone who enters or remains on property after being given notice that entry is forbidden, whether that notice was delivered orally, in writing, through posted signs, or through purple-painted boundary markers on trees or posts.
Other conduct that qualifies includes entering a building not open to the public without authorization, misrepresenting your identity to gain entry, and remaining on property after being told to leave.
Criminal trespass to land is a Class B misdemeanor at its base level. Elevation triggers apply in specific circumstances: a person who drives a motorized vehicle off-road on agricultural land without permission can be charged with a Class A misdemeanor. If that same trespasser causes damage to farm equipment or structures, the charge can rise to a Class 1 felony.
4
Telephone and Electronic Harassment
Using electronic communications to threaten or harass. Prior conviction elevates to Class 4 felony.
Under 720 ILCS 135/1-2, using electronic communications to threaten, intimidate, or harass another person is a Class B misdemeanor on a first offense. The statute covers phone calls, text messages, emails, and social media contact, reflecting the legislature’s effort to keep the harassment statutes current with how people actually communicate.
This charge frequently arises in domestic situations, often alongside or as an alternative to domestic battery charges. Two charges from the same set of facts can be prosecuted separately, which means the defense needs to evaluate the entire factual picture, not just the harassment count in isolation.
Because intent is a required element, the defense often focuses on whether the communications were actually made with intent to threaten or harass. Heated messages sent in the context of a relationship dispute, communications made through attorneys or intermediaries, and messages the recipient did not experience as threatening can all be relevant to that analysis.
5
Computer Tampering
Unauthorized access to a computer or network. Elevation depends on what was accessed and what damage resulted.
Under 720 ILCS 5/16D-3, computer tampering involves knowingly accessing a computer, network, or program without authorization, or exceeding the scope of authorized access. At its base level the charge is a Class B misdemeanor, with elevation possible depending on what was accessed and what damage or disruption resulted.
This charge appears more frequently than most people expect, and it shows up in a wider range of situations than the name implies. Workplace disputes involving access to a former employer’s systems, domestic situations involving shared devices or accounts, and cases where one party accessed another’s email or social media accounts without explicit permission can all give rise to computer tampering charges.
The authorization question is often genuinely contested. Shared passwords, joint accounts, and informal permission to access a device can create factual disputes that go to the heart of the charge. The defense in these cases typically focuses on what authorization actually existed and whether the defendant’s access fell within it.
Facing a Class B Misdemeanor Charge in Illinois?
Pat Weiland spent nearly a decade prosecuting these cases in DuPage County. Now he uses that experience to defend them. Call for a free consultation, available 24/7.
Or call us directly: (630) 261-9098
How Class B Misdemeanor Cases Are Prosecuted in Illinois
The prosecution has 18 months from the date of the alleged offense to file misdemeanor charges under Illinois law. Most Class B cases move quickly from arrest through arraignment and into discovery.
Class B prosecutions are unique from many other cases due to the nature of the evidence. Many Class B charges involve digital evidence that the prosecution will rely on heavily: text message records in harassment cases, cannabis lab results, account access logs in computer tampering cases, and speed measurement records in aggravated speeding cases. That evidence needs to be scrutinized from the moment it is disclosed.
Pat Weiland spent nearly a decade as a DuPage County Assistant State’s Attorney before joining Dolci Weiland & Sendlak. He prosecuted intent-based charges and knows exactly how the state frames its evidence and where the weaknesses typically are.
Defending Class B Misdemeanor Charges
Defense strategy for a Class B charge depends on the specific offense. Intent-based charges like harassment, trespass, and computer tampering have different defense paths than quantity-based charges like cannabis possession or threshold-based charges like aggravated speeding. The starting point is always the same: examine every element the prosecution has to prove, and identify where the evidence falls short.
Challenge the Charge
Most Class B charges require the prosecution to prove the defendant acted knowingly or with intent. Authorization, consent, and the defendant’s actual state of mind are all elements that can be challenged with the right evidence. A charge that looks airtight in the police report often looks different after full discovery.
Pursue the Best Outcome
No Class B charge in Illinois carries a mandatory jail minimum. That gives the defense genuine room to argue for court supervision, which avoids a conviction on the record entirely if completed successfully. Knowing when to fight the charge and when to pursue supervision requires understanding how the prosecution values its evidence.
Common Defense Strategies
Lack of intent or knowledge. The majority of Class B charges require the prosecution to prove the defendant acted knowingly. Trespass requires knowing entry without permission. Harassment requires intent to threaten or harass. Computer tampering requires knowing unauthorized access. Where the facts genuinely support a defense of accident, mistake, or lack of awareness, challenging the mental state element is often the strongest path.
Authorization and consent. For trespass and computer tampering charges, whether the defendant had actual or implicit permission is frequently the central issue. Shared devices, joint accounts, informal access permissions, and ambiguous property boundaries all create fact patterns where authorization is genuinely disputed. Text records, emails, and witness testimony can all support an authorization defense.
Challenging digital evidence. In harassment and computer tampering cases, the prosecution’s case depends on electronic records. The authenticity of those records, the chain of custody, the interpretation of account logs, and whether the communications actually constitute harassment under the statute are all subject to challenge.
Quantity disputes in cannabis cases. The difference between a civil cannabis matter and a Class B misdemeanor is the difference between 9 grams and 10 grams. Lab results and the accuracy of the weight measurement are not immune to challenge. Challenging the methodology, the calibration of the scale, or the chain of custody of the sample can be meaningful in cases that turn on a small amount.
Negotiating for supervision. With no mandatory jail minimum on any Class B charge, there is genuine room to negotiate supervision as an outcome, particularly for first-time defendants. Court supervision avoids a conviction on the record if completed successfully, which matters significantly for anyone whose livelihood depends on a clean background check.
Class B Misdemeanor Convictions and Your Record
Expungement and Sealing Eligibility
Whether a Class B conviction can be cleared from your record follows the same framework as other misdemeanor classes.
For cases resolved through court supervision: if you complete all conditions successfully, the charge is not a conviction, and you may petition for expungement under 20 ILCS 2630/5.2 after the applicable waiting period.
For cases resulting in a conviction: most Class B misdemeanor convictions become eligible for expungement after a two-year waiting period following completion of the sentence.
Class B misdemeanors do not include any charges that are permanently ineligible for expungement or sealing. That means every Class B conviction has a potential path to record clearance, provided the waiting period is met and no subsequent convictions intervene.
Collateral Consequences Beyond the Courtroom
A Class B conviction carries the same collateral consequences as any other criminal record. Background check systems do not distinguish between misdemeanor classes. A Class B conviction appears in the same ways to an employer, landlord, or licensing board as a more severe conviction.
Employment. Most standard background checks return all criminal convictions regardless of class. A Class B conviction for harassment, cannabis possession, or trespass can affect hiring decisions across most industries.
Professional licensing. Illinois licensing boards for healthcare, education, real estate, and other regulated professions review criminal histories as part of the application and renewal process. A Class B conviction can trigger a licensing investigation or denial.
Housing. Landlords routinely screen criminal records. A conviction at any misdemeanor level can limit housing options and result in application denials.
Driving record and insurance. An aggravated speeding conviction affects both your criminal record and your driving history. Insurance carriers treat it as a serious traffic conviction, which can result in significant premium increases or policy cancellations.
Illinois Misdemeanor Classes at a Glance
If you want to understand how a Class B charge compares to the other misdemeanor classifications in Illinois, the overview below provides a high-level comparison. Each class has its own dedicated page with a full breakdown of charges, penalties, and defense considerations.
A
Class A Misdemeanor
- Max jail: 364 days
- Max fine: $2,500
- Common charges: DUI (1st & 2nd offense), domestic battery, battery, retail theft, UUW
B
Class B Misdemeanor
- Max jail: 180 days
- Max fine: $1,500
- Common charges: Cannabis possession (10–30g), criminal trespass, aggravated speeding (26–34 mph over)
C
Heading
- Max jail: 30 days
- Max fine: $1v,500
- Common charges: Assault, disorderly conduct, improper firearm storage
Learn more about all misdemeanor charges in Illinois →
Frequently Asked Questions
Yes. A Class B misdemeanor is a criminal offense under Illinois law, not a civil fine or a traffic ticket. A conviction goes on your permanent criminal record and appears on standard background checks. The charge class does not reduce the seriousness of the record consequence.
Yes, for most Class B charges. No Class B offense in Illinois carries a mandatory jail minimum, which means the court has discretion to impose supervision rather than a conviction. Court supervision avoids a criminal conviction on your record if all conditions are completed successfully. Eligibility depends on the specific charge, your criminal history, and how the case is presented.
Yes. Illinois legalized recreational cannabis in 2020, but possession limits still apply. Possession of less than 10 grams is a civil matter. Possession of 10 to 30 grams is a Class B misdemeanor under 720 ILCS 550/4. Possession of more than 30 grams is a Class A misdemeanor. Legalization did not eliminate criminal exposure for amounts above the civil threshold.
Yes. Criminal background check systems return all convictions regardless of misdemeanor class. A Class B conviction for aggravated speeding, cannabis possession, or trespass is visible to employers, landlords, and licensing boards the same way any other criminal conviction is.
Most Class B convictions can be expunged after a two-year waiting period following completion of the sentence. Cases resolved through court supervision can be expunged after successful completion and the applicable waiting period. Unlike Class A, no Class B charge in Illinois is permanently ineligible for expungement or sealing, which means every conviction at this level has a potential path to record clearance.