Have you ever wondered how bad getting a misdemeanor charge could be?
Misdemeanor charges are less severe than felonies but more serious than infractions. They are categorized as class A, B, or C.
Class A misdemeanor charges in Illinois get the harshest sentencing with up to a one-year jail term. In contrast, a Class B one only gets a maximum penalty of 180 days (about 6 months) in jail.
That puts a Class C charge as the least severe with a penalty of a jail term not exceeding 30 days.
Some Class C misdemeanor charges in Illinois include assault and disorderly conduct. If you’re charged with disorderly conduct Chicago, criminal defense lawyers will be invaluable in helping you salvage your situation.
While misdemeanor cases seem minor, they still add to your criminal record. This can hurt your prospects for employment, driving eligibility, affordable insurance premiums, and even good credit scores. Your best bet is to get the charges withdrawn altogether.
Fortunately, there are lawful, effective ways to get out of misdemeanor charges in Illinois. Consider the following steps.
- By Providing Exculpatory Evidence
In criminal cases, the burden of proof lies with the prosecution. They must convince the jury that you’re guilty of the charged crime beyond any reasonable doubt.
One way to lessen their argument’s power is to provide exculpatory evidence. This shows that you’re not guilty of the crime you’re charged with.
The most reliable forms of exculpatory evidence include:
- An eyewitness statement
- Video footage or audio recordings showing that someone else committed the crime
- Proof that you acted out of necessity or in self-defense
- Confession of the crime by someone else
Any evidence that casts doubt that you committed the crime is exculpatory. You must work with a reliable lawyer to help you search for evidence to build up your defense.
If you can prove your innocence through exculpatory evidence in Illinois, you raise your odds of getting misdemeanor charges dropped.
- By Filing Pre-Trial Motions That Undermine The Charge
These refer to hearings that happen after a person has been charged but before a trial. They’re meant to resolve issues before a trial begins and can be filed by either or both sides (prosecution and defense).
Pre-trial motions can affect testimonies, evidence, or the direction of a trial. In Illinois, criminal defense lawyers in misdemeanor cases can file them to:
- Suppress, throw out, or limit illegally obtained evidence
- Challenge illegal arrest and detention of the accused
- Demand the production of specific evidence
Motions touching on evidence usually have the most impact. If the judge grants these motions, some evidence may be excluded from your case. This can weaken the prosecution and increase the likelihood of your charges getting dropped.
- By Entering A Plea Bargain
Entering a plea bargain means you choose not to contest the charges or agree to plead guilty to a criminal charge in exchange for reduced penalties or charges.
When you enter one for a misdemeanor in Illinois, the prosecution can decide to reduce your charges to an infraction. This can help you avoid a jail term altogether. But you can still be fined.
Just note that your criminal history and the facts of the case will determine the decision. Be realistic with your expectations if you already have a spotty record.
Reducing a misdemeanor charge to an infraction is a win because they rarely appear in background checks or result in criminal records. Shoplifting and trespassing are some common misdemeanors that can be reduced to infractions.
- By Completing A Pre-Trial Diversion (PTD) Program
This is an alternative sentence for certain criminal offenses. The program diverts offenders from conventional jail terms and allows for supervised release or probation.
Depending on your type of crime, you may be required to fulfill certain obligations like:
- Checking into a rehabilitation facility
- Doing community service
- Avoiding being arrested
- Paying restitution
If you finish the program successfully, the criminal charges against you will be dropped, and your case dismissed. Failure to do so will result in reinstating the original charges, including a jail term.
PTD programs in Illinois are standard for first-time offenders facing non-violent misdemeanors like driving while intoxicated, embezzlement, and drug possession or trafficking.
Stay On The Safe Side
Despite being smaller than felonies, you can’t shrug off a misdemeanor charge and expect no consequences. A criminal record is still a criminal record; certain entities will see you as a risk.
If it’s too late to stay on the good side of the law, you still have options. These steps should increase the odds of getting out of misdemeanor charges in Illinois. Working with a good defense attorney should help you avoid a jail term, costly fines, and permanent hits on your record.
