Criminal law is split into two primary categories: misdemeanor and felony. Due to the way Congress and state legislatures define misdemeanors and felonies, the crimes in these categories vary between jurisdictions.
A felony is a criminal offense that carries a maximum penalty of one year or more behind bars. Because of the significant penalties carried by felony charges, enlisting the aid of an experienced Chicago criminal defense attorney who knows the ins and outs of the Illinois criminal justice system and can advocate for the reduction or dismissal of your charges is paramount. At Fabbrini Law Group, we work hard to protect your rights.
The Differences Between Misdemeanors and Felonies
The biggest difference between a misdemeanor and a felony is the seriousness of the crime itself. Which crimes are considered severe varies between states, but generally speaking, both misdemeanors and felonies can be committed against the state, property, or persons. The punishments for these infractions differ greatly as well.
Felonies
A felony usually involves hefty fines, a sentence of one year or more in jail, or some combination of the two, while misdemeanors involve less than a year in jail, lesser fines, or both. Misdemeanors commonly result in alternative sentences, like rehabilitation programs or community service.
Examples of Felonies
Common examples of felonies in Illinois include:
- Murder (Homicide): This is when one person knowingly causes the death of another.
- Sexual Assault (Rape): This involves forcing someone to engage in sexual activity against their will.
- Armed Robbery: This occurs when an armed person uses threats or force to steal from someone.
- Aggravated Battery: This occurs when one person physically harms another through physical violence or the use of a weapon.
- Arson: This is when a person deliberately sets fire to a structure or area, such as a forest, business, or house.
- Weapons Offenses: These crimes involve the illegal possession or use of a firearm, especially when the person is legally barred from having one.
Illinois subdivides rulings into different categories that carry distinct sentences:
- Class X Felony: 6 to 30 years
- Class 1 Felony: 4 to 15 years
- Class 2 Felony: 3 to 7 years
- Class 3 Felony: 2 to 5 years
- Class 4 Felony: 1 to 3 years
Misdemeanors
Misdemeanor offenses usually carry a potential jail sentence of one year or less, while felony offenses carry a potential jail sentence of one year or more. Examples of common misdemeanor offenses in Illinois include shoplifting, simple assault, disorderly conduct, trespassing, and other lower-level crimes. Each state, however, categorizes crimes differently, and a crime classed as a misdemeanor in one state may be considered a felony in another.
Examples of Misdemeanors
Common examples of misdemeanors in Illinois include:
- Speeding: Driving faster than the posted speed limit. Typically results in a fine or other minor penalty.
- Public Intoxication: Being obviously drunk or unruly in a public place; often involves disorderly behavior.
- Vandalism: Intentionally destroying or damaging someone else’s property, such as spray-painting walls or smashing windows.
- Trespassing: Entering someone else’s property without the permission of someone entitled to give it. Unlike burglary, even if nothing is damaged or stolen, it is still illegal.
Misdemeanor Penalties
While misdemeanors are not as serious as felonies, this does not guarantee that convictions will come with lenient penalties. Misdemeanors can carry meaningful consequences that will vary widely based on the nature of the crime. In Illinois, punishments for felonies typically involve:
- Fines: Most misdemeanor convictions come with a fine, though the amount can vary depending on the offense and the circumstances.
- Jail: A misdemeanor can lead to time in a county or city jail, usually for up to one year.
- Probation: Instead of serving time in jail, a person may be placed on probation, typically lasting at least 12 months. During this time, they must follow court-ordered rules such as staying out of trouble, reporting to a probation officer, completing community service, and paying any required fines or restitution.
- Restitution: If the crime caused property damage or financial loss, the offender may have to pay money to compensate the victim. Restitution can also cover court costs or prosecution expenses.
Legal Help for Illinois Felonies and Misdemeanors
If you are arrested for or accused of a misdemeanor or a felony, you will need skilled legal help to either negotiate a reduced sentence or charge or to prove your innocence.
Even if you have been charged with a fairly innocuous misdemeanor, it is still a smart idea to seek legal representation from a qualified Chicago criminal defense attorney. If you are unable to afford an attorney, the court can appoint a public defender.
Fabbrini Law Group, LLC
At Fabbrini Law Group, we defend clients against both misdemeanor and felony charges, including domestic violence, assault, felony DUI charges, drug-related crimes, manslaughter and homicide, sex crimes, robbery, white-collar crimes, and weapons charges. We make sure that our clients are confident, supported, and well-informed about what to expect during criminal proceedings. To schedule a confidential case review with a Chicago criminal defense attorney from Fabbrini Law Group, LLC, call us at (312) 494-3131 or fill out our online contact form.