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CRIMINAL DEFENSE

Chicago Misdemeanor Attorney

WHAT IS A MISDEMEANOR?

A misdemeanor represents the second level in the hierarchy of crimes. Typically, misdemeanors are punishable with fines, jail time, or a combination of both. While people convicted of misdemeanors will rarely find themselves in prison, they still need a strong legal defense to fight their charges.

ILLINOIS MISDEMEANOR CLASSIFICATIONS

Illinois Has Three Classes of Misdemeanor:

  • Class C Misdemeanors are punishable by fines of up to $1,500, up to 30 days in jail, or both.
  • Class B Misdemeanors are punishable by fines of up to $1,500, up to 180 days in jail, or both.
  • Class A Misdemeanors are punishable by fines of up to $2,500, up to 364 days in jail, or both.

Illinois also has other forms of sentencing that can bypass fines or jailtime.

Alternative misdemeanor punishments include:

  • Court Supervision. In this case, the court withholds conviction and gives you orders for things to do or to refrain from doing within a certain amount of time. What exactly they ask depends on the case and the charge. If you are able to stay within the guidelines the court gives within the time allotted, then the court will not put a conviction on your record.
  • Probation. This requires being under the strict supervision of a probation officer. Much of your behavior is regulated, sometimes all the way down to being required to avoid alcohol. You must check in with the officer regularly, and failure to meet requirements could lead to a harsher sentence. This sentence is a conviction, will remain on your background, and it cannot be expunged off your record in most cases.
  • Conditional Discharge. With this sentence, you are not as strictly supervised as when you’re on probation, but still have tasks that must be completed. For example, you may need to do community service, seek therapy, go to rehab, etc. This sentence is a conviction that you might be able to expunge or seal.

 

 

 

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We Defend Chicago

Pissetzky Law LLC believes in the right to be represented when someone is accused of a crime. Whatever your charge may be, we are ready to represent you and present your defense in court. Our team of lawyers at Pissetzky Law LLC have the the knowledge and skills to represent you in court. We are ready to fight for you.

This is not a complete list of misdemeanor crimes in Chicago. There are many other possible charges present in Illinois. If you have been accused of a misdemeanor offense, reach out. There is no risk in talking to us. Call us at (312) 883-9466 or contact us online.

Pissetzky Law LLC is equipped to defend against any misdemeanor charge, including:

DUI

In Illinois, DUIs exist in a hazy line between misdemeanors and felonies. While the state classifies a DUI as a Class A felony, Illinois still has a tiered system for DUI charges. The first offense has a smaller sentence, the second offense carries a heftier sentence, and a third offense becomes a felony. The actual blood alcohol level (BAC) affects the severity of the punishment, as does other factors, such the presence of any minors in the car, lack of a valid driver’s license or insurance.

In addition, when charged with a DUI in Illinois, you might lose your driving privileges if the Secretary of State suspends your driver’s license. It is very important to file a Petition to Rescind the Summary Suspension to challenge the suspension of your driving privileges.

With all the variables involved in a DUI charge, it’s highly encouraged that you seek representation when charged. We can help you navigate all the subtle intricacies of the charge and help build an appropriate defense.

Theft

Theft, when classified as a misdemeanor, is a Class A crime in Illinois. It has to fall into very narrow categories for it to be considered a misdemeanor. Otherwise, it gets charged as a felony.

For theft to be classified as a misdemeanor, the property cannot be stolen directly off the other person. If someone left their phone on a bench and another person takes it, that’s different from taking it directly out of their hands. Misdemeanor theft has to take place somewhere other than a school, place of worship, or government building. The property must be valued at $500 or lower, and the accused cannot have any other theft charges on their record.

Pissetzky Law LLC can fight to keep the facts of your case straight and help keep you from being charged for a greater offense.

Battery

Battery can be classified as a felony in more serious cases. It is a misdemeanor only when the other party was not seriously injured. However, the definition of battery is very broad. In Illinois, battery can include any contact with another person that was meant in an “insulting or provoking nature.” The contact doesn’t even have to be body-to-body. If you poke at someone with a stick to annoy them, they can accuse you of battery. Battery is a Class A misdemeanor.

We don’t want to see a minor battery charge elevated beyond reason. Pissetzky Law LLC is here to help fight for clarity amid the inflamed emotions that go along with a battery charge.

Weapons Charges

Without a concealed carry license, Chicago residents are looking at charges for carrying a firearm. Like most Class A misdemeanors, a weapons charge in Illinois can be elevated to a felony based on the severity of the crime. Weapons misdemeanors include carrying tasers, stun guns, and other projectile-type weaponry without a license. For it to be a misdemeanor, it also has to be a first-time charge.

If you’ve been accused of illegally carrying a firearm, we want to help you keep the charges down to a minimum.

Domestic Violence

As a crime, domestic violence meets certain criteria. It must be committed by a close relation, and the crime itself must take place in a familial context. For example, it’s common sense to assume that someone punching their spouse is an act of domestic violence. What may be less clear is if someone is not in a relationship with the accused but used to be in a relationship, such as an ex-boyfriend.

Family violence is a Class A felony when the injuries are not severe and when the offender does not have prior convictions. A person charged with a domestic battery is facing a conviction in Illinois. Domestic Battery charges are not eligible for a sentence of supervision.

Real Results
  • People v. GE

    Finding of Not Guilty! GE was charged with possession with intent to deliver a kilogram of heroine, a class X felony ...

  • People v. JS

    Charged with attempted murder and aggravated discharge of a firearm. Mr. Pissetzky and another attorney pushed the case ...

  • Motion Granted, Case Dismissed

    People v. RMC – Chicago police officers received information that a 2 kilo cocaine deal was going to happen in a garage. ...

  • Motion to Suppress Heroin Granted

    People v. AP – After Chicago Police officers walked up to AP after he parked his car, they searched him and the car and ...

  • Motion Granted Case Dismissed

    People v. RW – RW was charged with a Class X Felony of Possession with Intent to Deliver Marijuana. Chicago Police ...

  • People v. KS – Not Guilty

    Mr. KS was charged with aggravated battery to 2 Chicago Police officers and with resisting arrest. 3 Chicago Police ...

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