Misdemeanor Crimes

In Illinois, criminal offenses are generally divided into two primary categories: felonies and misdemeanors. Felonies include the most serious crimes and carry the most severe penalties. Misdemeanors are considered less serious offenses, but they can still result in jail time, fines, probation, and a permanent criminal record.

Within the misdemeanor category, Illinois law recognizes three classes of offenses:

• Class A
• Class B
• Class C

Class A misdemeanors are the most serious, followed by Class B and then Class C misdemeanors.

Although misdemeanors are less severe than felonies, a conviction can remain on your criminal record unless you qualify for expungement, sealing, or receive a pardon. Even a misdemeanor conviction can impact employment, professional licensing, housing opportunities, and more. For this reason, it is critical to take any misdemeanor charge seriously.

The criminal defense attorneys at Dolci Weiland & Sendlak are former prosecutors with over 100 years of combined experience trying criminal cases in Illinois. That experience provides valuable insight into how cases are built and how to effectively challenge them. Our firm provides dedicated, strategic, and aggressive representation focused on protecting your rights and your future.

Illinois Class A Misdemeanors

A Class A misdemeanor is the most serious level of misdemeanor offense in Illinois. A conviction can result in:

• Up to 364 days in jail
• Fines of up to $2,500
• Probation, court supervision, community service, and other court-imposed conditions

Common examples of Class A misdemeanors include:

First DUI Conviction

A first DUI offense in Illinois is typically charged as a Class A misdemeanor. A conviction can result in criminal penalties as well as administrative consequences imposed by the Secretary of State. These may include license suspension or revocation, fines, probation, alcohol education requirements, and other restrictions.

Second DUI Conviction

A second DUI offense is also generally classified as a Class A misdemeanor. However, it carries enhanced penalties, including a mandatory minimum of either five days in jail or 240 hours of community service, along with potential vehicle registration suspension and additional license consequences.

Retail Theft / Shoplifting

Retail theft, commonly referred to as shoplifting, may be charged as a Class A misdemeanor when the total value of the property does not exceed the statutory threshold. A conviction can result in up to one year in jail and fines of up to $2,500, along with restitution and other court-ordered conditions.

Possession of Drug Paraphernalia (Without Intent to Deliver)

Under the Illinois Drug Paraphernalia Control Act (720 ILCS 600), possession of drug paraphernalia without intent to sell is generally charged as a Class A misdemeanor. This can include items used to ingest, prepare, package, or store controlled substances.

Resisting or Obstructing a Peace Officer

In Illinois, resisting or obstructing a peace officer is a Class A misdemeanor that involves knowingly hampering an officer’s ability to perform their official duties. This can range from physical resistance during an arrest to providing false information or refusing to comply with lawful orders. Because these charges often rely on the officer’s subjective account of the incident, our defense strategy focuses on examining body-worn camera footage and witness statements to challenge the prosecution’s narrative of “knowing” obstruction.

Unlawful Use of a Weapon

A person commits Unlawful Use of a Weapon (UUW) when they carry or possess certain prohibited weapons, or carry a legal firearm in a manner that violates Illinois law, such as being uncased or loaded within a vehicle. While often charged as a Class A misdemeanor for first-time incidents involving specific weapons, the penalties remain severe. A conviction can result in a permanent criminal record that jeopardizes your second amendment rights. We investigate the legality of the initial stop and the subsequent search to determine if your constitutional rights were violated.

Illinois Class B Misdemeanors

A Class B misdemeanor is punishable by:

• Up to 180 days in jail
• Fines
• Up to two years of probation

Common examples include:

Possession of Cannabis (More Than 10g Up to 30g)

Under 720 ILCS 550/4, knowingly possessing more than 10 grams but not more than 30 grams of cannabis may be charged as a Class B misdemeanor.

Theft of Lost or Mislaid Property (Value Not Exceeding $500)

A person commits theft of lost or mislaid property when they obtain control over property valued at $500 or less, know or reasonably should know the identity of the owner, fail to take reasonable steps to return it, and intend to permanently deprive the owner of its use or benefit.

Criminal Trespass to Real Property

Criminal trespass to real property may be charged as a Class B misdemeanor when a person knowingly and without lawful authority enters or remains on a building or land after receiving notice that entry is forbidden, refuses to leave after being directed to depart, or misrepresents their identity to gain access.

Illinois Class C Misdemeanors

A Class C misdemeanor is the least severe classification but still carries potential consequences, including:

• Up to 30 days in jail
• Fines of up to $1,500
• Up to two years of probation

Examples of Class C misdemeanors include:

Assault

Under 720 ILCS 5/12-1, a person commits assault when they knowingly engage in conduct that places another person in reasonable apprehension of receiving a battery, without lawful authority. In addition to other penalties, a court may order between 30 and 120 hours of community service upon conviction.

Firearms and Child Protection Violations

A person may be charged with a Class C misdemeanor if they improperly store a firearm in a manner that allows a minor under the age of 14, who does not have a Firearm Owner’s Identification Card, to gain access and cause death or great bodily harm. Illinois law provides for a minimum fine of $1,000 for this offense, with enhanced penalties for repeat violations.

Disorderly Conduct

Disorderly conduct covers a range of behaviors. One common form charged as a Class C misdemeanor involves knowingly acting in an unreasonable manner that alarms or disturbs another person and provokes a breach of the peace.

Protecting Your Record and Your Future

Even though misdemeanors are considered less serious than felonies, the consequences can be significant. A conviction can lead to jail time, fines, probation, and long-term effects on your employment and personal life. In some cases, options such as supervision, dismissal, reduction of charges, sealing, or expungement may be available.

At Dolci Weiland & Sendlak, we thoroughly review the facts of your case, analyze the evidence, and develop a defense strategy tailored to your situation. Whether negotiating with prosecutors or litigating in court, our goal is to protect your rights and pursue the best possible outcome.

If you are facing a misdemeanor charge in Illinois, contact Dolci Weiland & Sendlak at (630) 261-9098 to schedule a confidential consultation.