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Class A misdemeanors are Illinois’ top misdemeanor tier

A Class A misdemeanor is Illinois’ highest misdemeanor level. The general sentencing law allows less than one year in jail, up to two years of probation or conditional discharge, and fines generally ranging from $75 to $2,500 per offense.

Frankie Delgado

By Frankie Delgado · News Reporter

3 min read

A Class A misdemeanor in Illinois is the state’s highest misdemeanor classification, below a felony. Under Illinois’ general sentencing statute, it can carry a determinate jail term of less than one year, probation or conditional discharge of up to two years, and a fine generally ranging from $75 to $2,500 per offense.

Those are general sentencing limits, not a prediction of an individual sentence. The statute defining the alleged offense and applicable statutory exceptions can affect the classification and available penalties.

Where Class A fits

Illinois ranks its misdemeanor classes from more serious to less serious as Class A, Class B and Class C. Class A is at the top of that misdemeanor structure; felony offenses are a separate, more serious category.

The general Class A sentencing rule

Illinois’ Class A misdemeanor sentencing statute sets the statewide framework:

  • Imprisonment: A determinate sentence of less than one year.
  • Periodic imprisonment: A definite term of less than one year, subject to specified statutory exceptions.
  • Probation or conditional discharge: Up to two years, subject to specified statutory exceptions.
  • Fine: Unless another law provides otherwise, at least $75 and no more than $2,500 for each offense, or a greater amount specified in the offense law.

A fine may be imposed in addition to imprisonment, periodic imprisonment, probation or conditional discharge. The statute also directs readers to separate Illinois laws on restitution and other sentencing matters.

The offense statute still controls

The Class A sentencing law provides the general range. The law defining a particular offense determines whether the alleged conduct is charged as a Class A misdemeanor and may set a different penalty rule.

A legal reference citing Illinois statutes lists simple battery; theft, including shoplifting, of property worth no more than $500; and violations of a domestic-violence protective order or anti-stalking no-contact order as Class A examples. The details of an alleged offense can affect its classification and sentence.

The same reference notes that some offenses ordinarily treated as misdemeanors can become felonies under circumstances set by statute, including a prior conviction for the same crime or, for certain theft conduct, the location of the alleged offense.

If you are reading a charge

  1. Start with the statute number. The offense statute is the place to confirm the charge level and any special sentencing rule.
  2. Separate the maximum from the outcome. The general Class A range describes what the law may allow, not a sentence a court must impose.
  3. Get case-specific help. A person facing a charge can consult an Illinois-licensed criminal-defense lawyer, the court or a local legal-aid resource. This is general legal information, not legal advice.

Frequently asked questions

What is the difference between a Class A misdemeanor and a felony in Illinois?

Class A is the most serious of Illinois’ three misdemeanor classes, but it remains below a felony. Illinois’ general Class A sentencing statute provides for imprisonment of less than one year, while felony offenses are a separate, more serious category.

Can some misdemeanor conduct be charged as a felony in Illinois?

Some offenses ordinarily treated as misdemeanors can become felonies when statutory circumstances apply. A legal reference citing Illinois law gives examples including a prior conviction for the same crime and, for certain theft conduct, an alleged offense at a school or place of worship.

Sources