What’s the Difference Between a Felony and a Misdemeanor in Illinois? The dictionary definition is that misdemeanors carry penalties of up to a year imprisonment, while felonies can be even longer than that. Beyond that, there are many considerations to take into account when looking at each individual case.
Some of the main things to keep in mind are:
- Which is worse, a Felony or Misdemeanor?
- Do different Felonies and Misdemeanors carry different penalties?
- Can a Felony be changed to a Misdemeanor?
- Statutes of Limitations for Felonies vs. Misdemeanors
We’ll look at these in more detail in the page below – if you are in need of immediate assistance, though, please reach out to our Southern Illinois criminal defense lawyers at Combs Waterkotte. For both misdemeanors and felonies, getting help with your case early is key to your fight for justice. You can contact our firm online or call us at (618) 88-CRIME for a free, confidential consultation. Here, you’ll be treated like a person, not a case number.
What’s Worse, a Felony or a Misdemeanor in Illinois?
Generally speaking, a felony is worse than a misdemeanor in Illinois. This is both because of the harsher penalties for felonies, and also because of the severity of the alleged crime.
Examples of felonies include sexual assault, armed robbery, burglary, and murder. Examples of misdemeanors include shoplifting, trespassing, and possession of anabolic steroids.
Sometimes the line can be a bit blurry between felonies and misdemeanors. DUIs, for example, can be either depending on the circumstances: Someone’s first two DUI convictions are typically classified as misdemeanors, while a third or aggravated DUI is a felony in Illinois. Cannabis possession is another interesting case: According to the Cannabis Regulation & Tax Act, small amounts of cannabis are allowed for Illinois Residents 21 or older. But possessing too much can be either a misdemeanor or felony, depending on the circumstances.
In cases where the alleged crime could fall into one of a few different classifications, having a strong Southern Illinois defense attorney can help you avoid being charged with a felony when it could be a misdemeanor.
Penalty Differences for Felonies and Misdemeanors in Illinois
Above we mentioned that felonies are punishable by more than one year imprisonment, while misdemeanors are less than that. But there’s still a wide variance in potential penalties depending on the classification:
Felony Classifications in Illinois
- Class X felonies are the most severe, with potential sentences of 6 to 60 years, plus fines.
- Class 1 felonies can range from 4 to 30 years, plus fines.
- Class 2 felonies can range from 3 to 7 years, plus fines
- Class 3 felonies can range from 2 to 10 years, plus fines
- Class 4 felonies can range from 1 to 6 years, plus fines
Misdemeanor Classifications in Illinois
- Class A misdemeanors will carry a sentence of less than 1 year imprisonment, and a fine of up to $2,500, under normal circumstances.
- Class B misdemeanors can carry a sentence of no more than 6 months, and a fine of up to $1,500 under normal circumstances.
- Class C misdemeanors can carry a sentence of up to 30 days, and also a fine of up to $1,500 under normal circumstances.
Changing a Felony to a Misdemeanor in Illinois
In the “What’s Worse, a Felony or a Misdemeanor in Illinois?” section, we talked about how some alleged crimes could either be classified as a felony or misdemeanor depending on circumstances. There are several factors that prosecutors take into account when deciding how to charge an alleged crime, and with a skillful Illinois felony defense attorney, it may be possible for your charges to be reduced from felony to misdemeanor.
One way your defense attorney can do this is through plea deals – the majority of cases don’t make it to court, and instead your lawyer can negotiate with the prosecution to reduce the charges (and therefore sentence) for an alleged crime. This requires a lawyer who is well informed of the specifics of your case, and an experienced negotiator with the prosecution.
Is the Statute of Limitations Worse for Felonies or Misdemeanors in Illinois?
Felonies and misdemeanors in Illinois have different statutes of limitations – once this has passed, an individual cannot be charged for an alleged criminal act. Generally speaking, felonies have a worse statute of limitations than misdemeanors in Illinois: Most felonies have a 3 year statute of limitations, while most misdemeanors’ are only 18 months.
Sealing/Expunging Felonies and Misdemeanors in Illinois
Both felonies and misdemeanors can be sealed or expunged, though it depends on the alleged crime and conviction in question.
Expungement is when the records of the alleged crime are practically erased. For both felonies and misdemeanors, if an arrest did not end in a conviction, the record can be expunged. Likewise if there was a conviction with a sentence of court supervision and qualified probation.
Sealing a record, on the other hand, prevents the general public from accessing the record, but the government still keeps it on file, and it is available for limited access (such as certain employer background checks). After conviction of an alleged crime, most felony and misdemeanor records can be sealed in Illinois, with a few key exceptions, including DUIs convictions.
While both can be positive outcomes, expungement is almost always a better outcome than sealing a record, and having the right Illinois defense attorney helps make that possible.
What should I do if I’m accused of a Felony or Misdemeanor in Illinois?
Whether you are charged with an alleged felony or misdemeanor, hiring the proper lawyer is critically important. Avoiding higher penalties and finding more negotiation opportunities make having an experienced Southern Illinois lawyer critical. Combs Waterkotte brings that experience, with over 10,000 cases handled.
Call (618) 88-CRIME or send us a note online today to get started, with a confidential, no-obligation review of your case. If we can get the charges lowered or dropped, we will, and if your case needs to go to trial, you’ll have a trial-ready team of Southern Illinois criminal defense lawyers to fight on your side.
