Misdemeanor Lawyers in Illinois

In Illinois, a misdemeanor is a crime that may be punished by confinement in jail for up to one year. Illinois has three levels of misdemeanors: Class A, Class B, and Class C.

Class A misdemeanors are punishable by up to 1 year in jail and/or fines up to $2,500 and include battery, possession of firearms, and reckless driving. Class B misdemeanors are punishable by up to 6 months in jail and/or fines up to $1,500. An example of a Class B misdemeanor is harassment. Class C misdemeanors are punishable by up to 30 days in jail and/or fines up to $1,500. An example of a Class C misdemeanor is assault.

If you are charged with a misdemeanor, your goal should be court supervision or a dismissal of the case. Court supervision is an order of court that allows a judge to impose a penalty other than jail, but is not permanently on your record as a conviction and comes off your record after the supervision time (no more than 2 years) is complete and all requirements of the court have been met. Even if you are guilty you should never just plead guilty without exploring all your options.

Believe it or not, every day in Illinois guilty people who are charged with misdemeanors have their cases dismissed or are offered supervision. Judges and prosecutors in big cities in Illinois like Chicago or Joliet have heavy workloads and are often willing to agree to deals or dismiss the case altogether, especially when the defense attorney is someone that they regularly deal with. If you are a first time offender and have a good lawyer it is really unusual if you go to jail.

Under Illinois law, a person may expunge or seal certain misdemeanor offenses. When a record gets “expunged” it is physically destroyed as if it never existed. When a record is sealed, employers or members of the public can no longer see it unless a judge orders otherwise. The record, however, can still be seen by law enforcement agencies. The law relating to expungement and sealing of criminal records in Illinois is complex and can be difficult to interpret considering eligibility depends on a number of factors: the type of offense, the disposition of the charge, whether any charges are pending against you currently, whether there are any other cases on your record that resulted in convictions, and how much time has passed since the completion of any sentence that was imposed. Typically a conviction stays on your record for ever. That includes cases where you get probation.

Hiring the right attorney, who specializes in criminal defense, has a substantial amount of experience dealing with the specific type of offense you have been accused of committing and who does a lot of work in the court where you are being charged is important. If you would like our help in finding an experienced attorney for your situation please do not hesitate to contact us. All calls are free and confidential. We are based in Chicago, but help people find good criminal lawyers everywhere in Illinois.