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Illinois Criminal Law: Class B Misdemeanors

While most Americans are aware of the distinction between felony and misdemeanor crimes, many remain unaware that there additional classifications within each category of offense. In the case of misdemeanors, which represents less serious crimes with less severe sentences, there are three classes of offenses.

In Illinois, the most serious classification of a misdemeanor is a Class A misdemeanor. While a Class A misdemeanor can lead to the most severe sentences, Class C misdemeanors face the least severe consequences, with Class B misdemeanors falling in between. More specifically, Illinois law provides that a prison sentence for a Class B misdemeanor cannot exceed six months, and the probation period cannot exceed 2 years.

It is important to note that misdemeanor convictions, including Class B, will remain on your criminal record unless you are pardoned or get the charge expunged.

Dolci & Weiland lawyers are former prosecutors with 100 years of combined experience trying criminal cases in the DuPage/Chicago area. The criminal defense attorneys at Dolci & Weiland will provide the dedicated and aggressive legal representation that is critical in your defense.

Certain types of criminal offenses tend to be classified as Class B misdemeanors by Illinois courts. Some of the most common examples are listed below.

Possession of Cannabis (over 10gm to 30gm)

Pursuant to 720 ILCS 550/4, it is unlawful for any person to knowingly possess cannabis. In the case of possession of more than 10 grams but not more than 30 grams of any substance containing cannabis, the offense will be treated as a Class B misdemeanor.

Theft of Lost or Mislaid Property - the value does not exceed $500

A person commits theft of lost or mislaid property when he or she obtains control over the property and:

  • Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner;
  • Fails to take reasonable measures to restore the property to the owner; and
  • Intends to deprive the owner permanently of the use or benefit of the property.

The offense will be treated as a Class B misdemeanor in the case where the value of the property does not exceed $500.

Criminal Trespass to Real Property

Illinois law states that a person commits criminal trespass to real property, punishable as a Class B misdemeanor when he or she:

  • Knowingly and without lawful authority enters or remains within or on a building;
  • Enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;
  • Remains upon the land of another, after receiving notice from the owner or occupant to depart; or
  • Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land.

If you are arrested for any of the above-mentioned offenses and need legal representation, you can contact us at (630) 261-9098 to speak with a top Illinois defense lawyer and get a free consultation.