Articles Posted in Criminal Cases

Illinois-Felony-MisdemeanorWhat determines how serious a particular criminal charge in Illinois is depends on the potential criminal penalty that the crime carries. The lowest classification of crimes in Illinois is called a Misdemeanor. The highest classification of crimes in Illinois is called a Felony. Generally, any jail sentence for a Misdemeanor must be served in County Jail. Any jail sentence for a Felony must be served in State Prison. Any potential jail sentence for a Misdemeanor is under one year while any potential jail sentence for a Felony is one year or more. The range of penalties for Misdemeanors and Felonies in Illinois depend on what Class the crime you are charged with falls in. Every criminal offense is classified as a Felony or a Misdemeanor and assigned a specific Class. An experienced and knowledgeable criminal defense lawyer will know whether you are being charged with a Felony or a Misdemeanor and what class your criminal charge falls in.

Most Misdemeanor cases in Illinois are Class A Misdemeanors. A Class A Misdemeanor is punishable by a maximum of one year in county jail and a maximum fine of up to $2,500. An example of a Class A Misdemeanor is a Retail Theft or a simple Battery. But not all Class A Misdemeanors are treated equally. Domestic Battery is a class A Misdemeanor. However, if you are found guilty of a Domestic Battery, it can never be removed from your record while a Retail Theft can be. In addition, you can receive Court Supervision for a Retail Theft but you cannot receive Court Supervision for a Domestic Battery.

A Class A Misdemeanor that I am seeing more and more in court is Aggravated Speeding. You can be charged with a Class A Aggravated Speeding offense if you are speeding 35 miles or more over the posted speed limit. This crime used to be a simple speeding ticket. That is no longer the case in Illinois. So, if you are speeding 35 miles an hour over the speed limit, then you can be charged with a Class A Misdemeanor which carries a potential jail sentence of up to 364 days in County Jail and a fine up to $2,500.

Municipal-ViolationJust like State laws create State crimes, and Federal laws create Federal crimes, individual towns, cities and villages also create laws, called Municipal Ordinances, which can give rise to charges alleging a violation of a Municipal Ordinance.  I’ve been handling criminal cases for the past 25 years throughout Cook County, DuPage County and Kane County.  I’ve noticed a dramatic rise in the number of Municipal Ordinance Violation cases throughout all of these counties. Many cities, towns and villages have established their own Municipal Violation Ordinance courts which mainly impose monetary civil penalties upon violators that have become big sources of revenue for these municipalities.  I’m seeing more and more cases being charged as Municipal Ordinance Violations rather than criminal cases in Circuit Court. This is especially true in DuPage County and Kane County.

The rise in the number of Municipal Ordinance Violation cases has led to more and more clients calling me and asking me to explain what a Municipal Ordinance Violation is and what will happen when they appear in Court. Perhaps the most common question I get from clients is whether they need to hire a lawyer to handle their Municipal Violation Case.  My advice is that you should have a lawyer representing you for a Municipal Violation Case.  There’s several reasons for that so let me explain to you why you should have a lawyer with you for your Municipal Ordinance Violation case.

The consequences of being found guilty, or liable, for a Municipal Ordinance Violation are much less severe than the criminal penalties for a misdemeanor or a felony under state law.  Typically, the consequences for a Municipal Violation involve paying a civil penalty, or a fine.  A Municipal Ordinance Violation is generally not considered a criminal case.  However, some of the conduct that could give rise to a Municipal Ordinance Violation charge can also be enough to charge you with a misdemeanor.  For instance, if you shoplift from a store, the police can charge you with a Retail Theft misdemeanor.  The police can also charge you with a Retail Theft under the Municipal Ordinance of the town in which the shoplifting occurred.  This is a choice that’s made by the police officer.  So, if you try to shoplift and you receive a Municipal Ordinance violation ticket, instead of going to the Circuit Court for your case, you will have to go to the Village City Hall for a hearing before a Hearing Officer.