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Understanding Class A Misdemeanors in Illinois
In Illinois, "Class A Misdemeanors" represent the most serious tier of misdemeanor offenses. A conviction for these offenses may result in a jail sentence, fines, or alternative sentences, such as conditional discharge or probation. A misdemeanor conviction also creates a criminal record, which carries its own set of consequences. The exact punishment imposed for such crimes is determined by factors like the defendant's criminal history, any applicable aggravating or mitigating circumstances, and judicial discretion.
Illinois classifies misdemeanor offenses into three levels based on their degree of severity: Class A, Class B, and Class C. This system is similar to that used in other states that categorize criminal offenses by "Class", "Degree", or "Level". Class C represents the least serious of the three misdemeanor levels in Illinois (730 ILCS 5/5-4.5-85)
Examples of Class A Misdemeanors in Illinois
The following are some offenses categorized as Class A misdemeanors in Illinois:
- Domestic battery (first offense)
- Criminal damage to property, where the damage does not exceed $500
- Criminal trespass on agricultural property
- Theft not from the owner and not exceeding $500 in value
- Violation of the order of protection
- DUI, i.e., driving under the influence of alcohol/drugs (first offense)
- Driving while license revoked
| Offense | Statute | Description | Possible Penalty |
|---|---|---|---|
| Domestic Battery (1st offense) | 720 ILCS 5/12-3.2 | Causing bodily harm to, or making provoking or insulting physical contact with, a family or household member without legal justification, intentionally or knowingly. | Less than one year in jail or a maximum fine of $2,500 |
| Criminal Damage to Property (< $500) | 720 ILCS 5/21-1 | Knowingly or recklessly damaging the property of another. | Less than one year in jail or a maximum fine of $2,500 |
| Criminal Trespass on Agricultural Property | 720 ILCS 5/21-3 (a)(4) | Knowingly entering or remaining on agricultural property, including in/on a motor vehicle, after being warned that entry is forbidden or ordered to leave by the owner or occupant. | Less than one year in jail or a maximum fine of $2,500 |
| Theft (< $500, not from the person) | 720 ILCS 5/16-1 | Knowingly obtaining or taking another person's property—directly or by deception, threat, or while knowing the property is stolen—with the intent to deprive the owner permanently of its use or benefit. | Less than one year in jail or a maximum fine of $2,500 |
| Violation of Order of Protection | 720 ILCS 5/12-3.4 | Knowingly violating a court-issued order designed to protect an individual from harm. | Less than one year in jail or a maximum fine of $2,500 |
| DUI (1st Offense) | 625 ILCS 5/11-501 | Operating a vehicle while under the influence of an intoxicating substance or compound. | Less than one year in jail or a maximum fine of $2,500 |
| Driving While License Revoked | 625 ILCS 5/6-303 | Driving while one's privilege to operate a motor vehicle is suspended or revoked. | Less than one year in jail or a maximum fine of $2,500 |
Note: A Class A misdemeanor may be reclassified as a felony if aggravating factors exist. For example, domestic battery is ordinarily a Class A misdemeanor. Still, it is categorized as a Class 4 felony if the defendant (accused) has a prior conviction for domestic battery or any other qualifying offense. Likewise, a second or subsequent violation of driving on a suspended license in which personal injury or death occurs is a Class 4 felony.
To determine how a Class A misdemeanor or other criminal case was ultimately resolved, individuals may request Illinois Criminal Court Records from the official custodians (county clerks of court) or reputable third-party vendors.
Penalties for a Class A Misdemeanor in Illinois
According to 730 ILCS 5/5-4.5-55, a Class A misdemeanor in Illinois may result in the following legal penalties:
- A jail sentence of less than 1 year (i.e., up to 364 days)
- A fine of up to $2,500
- Or both
However, these penalties may be increased or reduced based on the presence of aggravating factors (see730 ILCS 5/5-5-3.2) or mitigating factors (see730 ILCS 5/5-5-3.1).
Additionally, the court may apply other sentencing options, such as probation, conditional discharge, court supervision, and restitution, as permitted by law.
Probation and Alternative Sentencing Options in Illinois
Alternative sentencing options in Illinois allow state courts to impose certain non-custodial or modified penalties in place of the standard jail term or fine a defendant may otherwise receive. These options are commonly used for first-time, low-risk, or other suitable offenders, particularly where rehabilitation may be achieved without traditional punishment and public safety will not be compromised. However, availability is determined on a case-by-case basis.
Per 730 ILCS 5/5-4.5-55, these sentences may include:
| Alternative Sentencing Option | Description |
|---|---|
| Periodic Imprisonment (730 ILCS 5/5-5-3 or 5/5-7-1) | Requires the offender to report to a county jail daily for a specific duration. This allows them to remain employed or in school while serving their incarceration sentence. |
| Impact Incarceration Program (IIP)/Boot Camps (730 ILCS 5/5-8-1.2) | A 120-day program, often used for juvenile and other eligible offenders, which involves military activities, mandatory physical training and labor, and education and counseling. Successful completion may lead to a reduced jail sentence and placements on community supervision or mandatory supervised release. Failure to complete the program reinstates the original sentence. |
| Probation (730 ILCS 5/5-5-3 or 5/5-6-2) |
Requires the offender to be monitored by a probation officer for a set period and comply with court-imposed conditions. These conditions may include:
|
| Court Supervision | A diversion program that suspends the entry of judgment after a plea or trial for a fixed timeframe. If the offender complies with all court conditions, they may be released without a conviction on their record. |
| Conditional Discharge (730 ILCS 5/5-5-3 or 5/5-6-2) | Orders the offender to comply with court-specific mandates for a determined timeframe, similar to probation conditions, but typically without the supervision of a probation officer. Importantly, successful completion of conditional discharge still results in a conviction on the offender's record. |
Can a Class A Misdemeanor Be Expunged or Sealed in Illinois?
Yes. In Illinois, most misdemeanors—Class A inclusive—can be sealed. The exact procedure depends on whether the offender is an adult or juvenile, whether the misdemeanor conviction is related to a cannabis offense, or whether the case involves stolen identity. Furthermore, the applicant must be eligible under Illinois law. The official websites of the Illinois Office of the State Appellate Defender and Illinois Judiciary feature the necessary forms, instructions, and processes for sealing or expunging arrests, convictions, court supervisions, and certain qualified probations from one's Illinois criminal record.
Generally, sealing in Illinois hides a person's criminal record from most of the public, while expungement erases arrests and court supervisions from an individual's criminal record, much like they never occurred. The expungement process is used for arrests and charges, supervisions, or qualified probations that were completed successfully, and the sealing process is used for eligible convictions that cannot be expunged.
Adults who want to seal or expunge their Class A misdemeanor records may review the How To Expunge/Seal A Criminal Record in Illinois resource. Typically, applicants are ineligible if:
- They have any pending criminal charges or uncompleted sentences, including parole, probation, or court supervision, or
- The waiting period for the offense (commonly 2, 3, or 5 years) has not yet passed.
| Condition | Eligible for Expungement or Sealing? | Waiting Period | Notes |
|---|---|---|---|
| Arrests not resulting in a conviction | Eligible for Expungement | At any time (no specified waiting period) | Must have no pending charges or uncompleted sentences |
| Convictions reversed or vacated | Eligible for Expungement | At any time (no specified waiting period) | Must have no pending charges or uncompleted sentences |
| Completed court supervision | Eligible for Expungement | 2 years since the successful completion of supervision | Applies to offenses not subject to the 5-year waiting period |
| Most misdemeanor convictions | Eligible for Sealing | 3 years since the successful completion of the last sentence | Applies only to convictions not explicitly excluded from sealing Excluded misdemeanors include Domestic Battery, DUI, Violation of an Order of Protection, and most Sexual Offenses |
Long-Term Consequences of a Class A Misdemeanor Conviction
Besides the standard punishment imposed for a Class A misdemeanor in Illinois, there are additional legal consequences, or collateral consequences, that result from the conviction itself. These may include loss of educational or employment opportunities, loss of the right to bear arms, inability to obtain certain government benefits, loss of child custody or visitation rights, revocation of professional or driver's licenses, and inability to adopt a child. These consequences are often more impactful because they may affect various aspects of an individual's life—both personal and professional—as well as their social standing. Nonetheless, the specific effects vary from case to case.
What to Do if You’re Charged with a Class A Misdemeanor in Illinois
When charged with a Class A misdemeanor in Illinois, it is advisable to consult with an experienced defense attorney. An attorney may provide crucial guidance by:
- Explaining the specific charges and the potential consequences.
- Outlining the individual's rights under Illinois law, which include:
- The right to refuse to provide DNA samples unless ordered by the court
- The right to a prompt bond hearing
- The right to remain silent
- The right to choose between a bench trial (by a judge) or a jury trial
- The right to confront witnesses
- The right to appeal a conviction
- Exploring the defendant's legal options, such as the possibility of a diversion program or another alternative sentence.
- Explaining the criminal court process.
Anyone accused of a Class A misdemeanor in Illinois has the right to a free, court-appointed attorney if they cannot afford private counsel, as guaranteed by 725 ILCS 5/113-3 and the U.S. Sixth Amendment. This right is activated the moment an offense carries the potential for incarceration.
In addition to retaining legal counsel, the accused must attend all scheduled court hearings, as failing to appear for a Class A misdemeanor may result in a new charge, a bench warrant, or revocation of pretrial release (725 ILCS 5/110-6). However, under certain circumstances (725 ILCS 5/115-4.1), a trial may still proceed in the defendant's absence.
Statute of Limitations for Class A Misdemeanors in Illinois
Chapter 720, Sections 5/3-5 and 5/3-7 of the Illinois Compiled Statutes outline the statute of limitations for Class A misdemeanors. The statute of limitations is a fixed duration within which the state must initiate prosecution for an offense. For misdemeanors (which includes Class A misdemeanors), the general limitation period is 1 year and 6 months (18 months) after the offense is committed. However, certain circumstances may toll or pause the clock, such as when the defendant is out of state or when a material witness is placed on active military duty/leave.