Can You Go to Jail for a Misdemeanor Offense in Illinois?

 Posted on June 27, 2025 in Criminal Defense

Most of us assume that misdemeanor offenses are no big deal, but this is an assumption that can be extremely misleading. Although misdemeanor offenses are considered less serious than felony offenses, they are still crimes that carry the potential for jail time, fines, probation, and a permanent criminal record.

Under Illinois 730 ILCS 5/5-4.5-55, depending on the class of misdemeanor and the circumstances of your charges, you could face up to a year in county jail for certain misdemeanor offenses. Misdemeanor charges require an experienced Grundy County, IL, criminal defense lawyer just as much as felony charges. When you have a skilled criminal defense attorney as your legal advocate, the outcome of your case can be very different than when you attempt to handle it on your own.  

How Does a Misdemeanor Criminal Offense Differ from a Felony Criminal Offense?

Generally speaking, petty offenses in the state are punishable with a fine and no jail time. Misdemeanors have an upper limit of one year in jail, plus fines, and felony criminal offenses have a maximum sentence of life in state prison. Felony crimes are punishable by a combination of fines, jail time, or prison time and have a higher likelihood of resulting in collateral consequences, such as the inability to obtain employment or housing.

What Are the Three Classes of Misdemeanor Offenses in Illinois?

There are three types of misdemeanor offenses in the state: Class A, Class B, and Class C. Class A misdemeanors are the most serious, carrying a maximum penalty of up to 364 days in jail and a fine of up to $2,500. Examples of Class A misdemeanors include DUI (first or second-time), driving on a suspended license, shoplifting (retail theft), domestic violence, and disorderly conduct (can also be a Class B or Class C misdemeanor, depending on the circumstances).  

A Class B misdemeanor carries a maximum penalty of up to 180 days in jail and/or a maximum fine of $1,500. The period of probation cannot exceed two years. Examples of Class B misdemeanors include first-offense criminal trespass, telephone harassment, possession of Cannabis (10 to 30 grams), aggravated speeding (31 mph over the speed limit), obstruction of service of process, littering, picketing a residence, or altering or defacing a serial number on machinery.  

A Class C misdemeanor carries a maximum penalty of up to 30 days in jail and/or a maximum fine of $1,500. Probation for a Class C misdemeanor cannot exceed two years. Assault with no injuries can be a Class C misdemeanor, as can disorderly conduct. Many misdemeanors can be charged as Class A, B, or C misdemeanors, depending on the circumstances and whether the defendant has a prior criminal history.

When is Jail Time More Likely for a Misdemeanor Offense?

Jail time for a misdemeanor offense in Illinois is more likely when the defendant has a history of repeat offenses or a prior criminal record. If the misdemeanor offense included violence or another person was injured, jail time is more likely. If the defendant violated his or her probation or conditions of bond during the commission of the misdemeanor offense, a judge is more likely to order jail time.  

Are There Alternatives to Jail for Misdemeanor Offenses?

A criminal defense attorney can work with the prosecutor in the case to find alternatives to jail for misdemeanor offenses, especially for first-time offenders. These alternatives could include court supervision, probation, diversion programs, community service, or counseling programs. It is important to explore all these options, as a misdemeanor conviction leaves a criminal record that is visible to employers, landlords, and schools.  

Contact a Will County, IL Misdemeanor Offense Lawyer

If you are facing misdemeanor charges, you should take the charges seriously. Having a highly skilled Grundy County, IL misdemeanor offense attorney from Law Offices of Jack L. Zaremba, P.C. will work aggressively to prevent a conviction and the numerous collateral consequences that come with it, including jail time.

Legal representation really matters in this situation, as your attorney may be able to help you avoid jail through plea negotiations, alternative sentencing, or by seeking a dismissal. Call 815-740-4025 to schedule your free consultation.