Misdemeanors Lawyer Southern Illinois

The Role of States in Determining Misdemeanor Penalties

Misdemeanor offenses are the lowest level of criminal charges where you still face the risk of imprisonment. Under the common law, misdemeanors were subject to up to one year in jail and fines, while felonies were eligible for jail sentences longer than one year.

When criminal offenses were codified by states, this definition generally carried over. Moreover, certain federal statutes today rely on the states’ definitions of misdemeanors. For example, federal gun laws restrict anyone with a misdemeanor conviction for domestic violence from possessing a firearm.

Statutes Covering Common Misdemeanors in Southern Illinois

Illinois has four levels of offenses. Felony offenses are the most serious and cover all crimes where the sentence may include incarceration in the state prison for one year or longer. On the other hand, misdemeanors fall below felonies. These include offenses where the maximum sentence involves imprisonment anywhere other than the state prison for less than one year.

Petty offenses and business offenses fall below misdemeanors. The sentences for these offenses generally only include fines. This means incarceration is typically not possible upon conviction for a petty or business offense.

Some examples of misdemeanors in Southern Illinois include the following:

Petty Theft

Under Illinois law, theft occurs in the following circumstances:

• Exerting control over property without permission
• Obtaining control over property using deception
• Using threats to obtain control over property
• Receiving property known or reasonably believed to be stolen

To prove theft, the prosecution must show that the accused had the intention to deprive the property’s owner permanently. Alternatively, the prosecution could prove the accused used, concealed, or abandoned the property to deprive the owner of it. For example, you can commit theft if you take an apple from a grocery store and eat it, give it away, throw it in the trash, or hide it to retrieve it later.

The sentence for theft in Illinois depends on the value of the property and the nature of the theft. Theft from the body of a person, such as pickpocketing or mugging, is typically treated as a felony offense. Similarly, theft of property worth more than $500 is considered a felony.

However, theft of property worth up to $500 and not taken from the victim’s body is usually a misdemeanor. Thus, suppose someone dropped their wallet on the street. You picked it up and took the cash out of it before putting it back on the ground and walking away. This offense would likely be a misdemeanor if the wallet contained $500 or less.

Sex Crimes

Criminal sexual abuse can happen in three ways. Two of those ways are misdemeanors. Specifically, a court may impose a misdemeanor sentence in either of the following situations:

• Someone under 17 has sex with a victim between nine and 17
• Someone has sex with a child between 13 and 17 and is less than five years older than the victim

Additionally, other minor sex crimes are treated as misdemeanors. Failure to report sexual abuse occurs when an adult observes someone abusing a child sexually and fails to stop it or report it to the police. This offense is generally a misdemeanor.

Loitering near public parks is a misdemeanor. This offense happens when someone classified as a child sex offender or sexual predator stands or sits idly on or near public park property.

Another example is indecent solicitation of an adult, which happens when someone arranges for an adult to meet a child for sex. This offense is a misdemeanor if the planned sex act did not involve penetration and the alleged victim was between 13 and 17.

Similarly, solicitation of a child is a misdemeanor when an adult entices a child to meet for an “unlawful purpose,” and the adult is less than five years older than the alleged victim. It is considered a felony, though, if the adult is at least five years older than the victim.

Prostitution and solicitation of prostitution are misdemeanor offenses when both people are 18 or older. Solicitation of prostitution happens when someone offers something of value for sex. Prostitution occurs when someone offers sex for something of value.

Notably, even when a sex crime qualifies as a misdemeanor, Illinois law may still require you to register as a sex offender. In other words, sex offender registration applies to both misdemeanor and felony offenses based on the conduct, not the offense level.

Assault and Battery

Battery occurs when someone intentionally makes harmful contact with the victim. Assault happens when someone deliberately induces the fear of an imminent battery. Both assault and battery are misdemeanors in Illinois.

Illinois law can elevate assault or battery to aggravated assault or aggravated battery, respectively, depending on the circumstances. Aggravated assault may also be treated as a misdemeanor in some situations.

For example, an assault against a school teacher is an aggravated assault that is still treated as a misdemeanor. Aggravated battery, by contrast, is generally a felony.

Kidnapping

Kidnapping is often a felony. However, Illinois treats some kidnapping-related offenses as misdemeanors. Luring a minor happens when someone between 18 and 21 contacts a minor via electronic communications to solicit a meeting for an unlawful purpose. This offense is a misdemeanor.

If you share custody of your child, unlawful visitation or custodial interference happens when you keep your child longer than allowed or during times not allocated to you. This offense is also a misdemeanor.

Possible Defenses for Misdemeanors Under Illinois Law

The criminal defense strategies we use to defend you against misdemeanor charges will depend on the offense. Since misdemeanors cover many types of conduct, there is no single defense that can apply to all charges. However, there are a few general strategies that may apply to your case.

One possible strategy is to disprove an element of the offense. Under Illinois law, the prosecution has the burden of proving every element of the offense beyond a reasonable doubt. If we disprove an element, the judge or jury may be unable to convict you.

For example, intent is often an element of a crime. We can assert that you lacked the intent necessary for the offense if your actions occurred accidentally. Thus, you might avoid a battery conviction if you show that you were pushed into the victim or tripped and fell onto them.

Another possible strategy is to leverage an affirmative defense. An affirmative defense means that the conduct alleged by the prosecutors occurred, but you had a legal justification for it.

So in response to an assault prosecution, you might claim that you threatened the other person because they tried to break into your house and you were defending yourself and your family.