Illinois Class A Misdemeanors Offenses

 

The following offenses are examples of Class A misdemeanors in Illinois:

Battery (720 ILCS 5/12-3) - Battery is a misdemeanor offense but can be upgraded to a felony (aggravated battery) where there is great bodily harm or the victim belongs to a special class (e.g., police officer).

Domestic Battery (720 ILCS 5/12-3.2) - Supervision is not available for this offense. The minimum sentence for a domestic battery charge is a conviction. A conviction for domestic battery will take away your right to legally own or possess firearms.

Criminal Damage To Property (720 ILCS 5/21-1) - This offense is most commonly a misdemeanor case. However, where the damage to the property is great (e.g., expensive to repair), it can be enhanced to a felony offense.

Criminal Defacement to Property (720 ILCS 5/21-1.3) - Although defacing property is usually a misdemeanor, most judges will impose a very severe sentence for this offense if the defacement is gang-related.

Criminal Sexual Abuse (720 ILCS 5/12-15) - Pleading guilty to this offense will require registration as a sex offender. Even if it was consensual sex among high school teenagers, the boy is most often charged.

Criminal Trespass to Residence (720 ILCS 5/19-4) - This offense can be a felony. 

Criminal Trespass to Vehicles (720 ILCS 5/21-2) - You can be charged with this offense if you are a passenger in a stolen motor vehicle. A conviction for criminal trespass to vehicles may result in the suspension or revocation of your driver's license.

Deceptive Practices (720 ILCS 5/17-1)

Endangering the Life or Health of a Child (720 ILCS 5/12-21.6) - This offense usually comes about when a driver is arrested for DUI with children in the car. It also comes about when a parent leaves a child unattended. Police officers will contact the Department of Children & Family Services (DCFS) to investigate whether there is abuse or neglect and the children may be removed from the home pending compliance with a safety plan.

DUI (625 ILCS 5/11-501) - There is no supervision for a second DUI offense, even if the first offense was reduced to reckless driving. A conviction for driving under the influence will result in the revocation of your driver's license.

Interfering With the Reporting of Domestic Violence (720 ILCS 5/12-6.3) - Taking the phone to prevent another person from calling the police in response to a domestic violence situation will result in charges.

Obscenity (720 ILCS 5/11-20) - This offense is rarely charged because of freedom of speech.

Patronizing a Prostitute (720 ILCS 5/11-18)

Possession of Cannabis (between 10 and 30 grams) (720 ILCS 550/4) - Possessing more than 30 grams or marijuana is a Class 4 felony.

Possession of Drug Paraphernalia (720 ILCS 600/3) - The device must be specifically designed for using drugs. Tobacco pipes are not illegal.

Possession of Hypodermic Needles (720 ILCS 635/4) - It is a defense that the needles were prescribed (e.g., for a diabetic).

Prostitution (720 ILCS 5/11-14) - Prostitution convictions, unlike convictions for other offenses, may be eligible for expungement.

Public Indecency (720 ILCS 5/11-9) - A third offense will require sex offender registration.

Reckless Conduct (720 ILCS 5/12-5)

Resisting or Obstructing a Police Officer (720 ILCS 5/31-1) - The minimum sentence for this offense is a conviction. Supervision is not available. A conviction cannot be expunged.

Retail Theft (720 ILCS 5/16A-3) - There is a long waiting period to have supervision on retail theft expunged.

Solicitation of a Prostitute (720 ILCS 5/11-15)

Theft (720 ILCS 5/16-1, 720 ILCS 5/16-3) - Supervision is possible for the first offense. However, a second offense can be a Class 4 felony.

Unlawful possession of alcoholic liquor by a minor - This offense will result in the suspension of the minor's driver's license, even if the minor was not driving at the time of the offense. Any consumption of alcohol by a minor (e.g., a breath test result of greater than 0.00) will also result in a Zero Tolerance Suspension of the minor's driver's license.

Violation of an Order of Protection (720 ILCS 5/12-30) - Supervision is available on the first offense, whereas it is not for domestic battery. The second offense, however, is a Class 4 felony.

 

Most of the above offenses can be expunged or sealed.

Sentence

State law provides for the following sentences in Class A misdemeanor cases:

• A conviction, or a term of probation, conditional discharge, or supervision. Domestic battery and a second DUI offense are not eligible for supervision. If the court imposes a sentence of two (2) years of probation, then the maximum jail sentence that can be imposed is six (6) months.
  
• A possible fine of up to $2,500, which does not include court costs or other fines, such as a street value fine for unlawful possession of cannabis. Usually, when a defendant receives a fine of $2,500, the defendant is either very wealthy, or was charged with a DUI which was reduced to a reckless driving charge.
  
• A jail sentence in the county jail of up to 364 days. Offenders may receive good behavior allowances (e.g., good-time credit or day-for-day, which operate to reduce a sentence by 50%). However, these credits will NOT apply if the offense involves bodily harm or is qualified as a sex offense. Also, an offense which has a mandatory minimum (e.g., driving while license suspended or revoked where the reason for the suspension or revocation is DUI) cannot receive a reduction in jail sentence.