According to the Illinois Criminal Code, Section 720 ILCS 5/2‑11:

"Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.

According to the Illinois Criminal Code, Section 720 ILCS 5/2‑7:

"Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.

According to the Illinois Criminal Code, Section 720 ILCS 5/2‑8:

"Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

According to Unified Code of Corrections, Section 730 ILCS 5‑1‑17:

"Petty offense" means any offense for which a sentence of imprisonment is not an authorized disposition.

 

Criminal & Traffic Lawyers

Misdemeanor crimes are generally defined as crimes where the maximum penalty is less than one year in jail. Felony crimes are generally defined as crimes where the maximum penalty may be more than one year in jail or death. The maximum period of incarceration for a specific misdemeanor or felony offense depends on that offense’s classification. A felony conviction may result in serious long-term consequences. For example, a felony conviction may result in an extended term or imprisonment. A felony conviction may also affect an individual’s ability to serve on a jury, serve in the military, obtain employment, or to own a firearm. Illinois also has some crimes categorized as business offenses. The punishment for violating a business offense generally involves only a monetary fine.

 

If we believe that you have a viable defense to your case and that a trial has a high probability of success, our criminal and traffic defense attorneys will tell you so. We will then offer a recommendation on whether a jury trial or bench trial seems best. On the other hand, if we believe your chances at trial seem unlikely, and that a negotiated plea, blind plea, or 402 conference would be a better idea, we will tell you that as well. Of course, the ultimate decision about whether to go to trial or plead guilty is always your choice, and the defense attorneys of Sexner & Associates LLC will always vigorously represent you regardless of whether the choice you make is the same as our recommendation.


We also know that it’s easy to tell people what they want to hear. But, sugar-coating information does not help clients make an informed decision about what path to take. So, the attorneys at Sexner & Associates LLC will always endeavor to be respectful about your case, while giving you the straight news.

 

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

Information herein is for Illinois informational purposes only and not intended to create an attorney-client relationship. Any use of information is at user's own risk. A qualified legal or medical professional should be consulted first when professional advice is required. Cases may be referred to other qualified attorneys after full disclosure. As each case is different, results may vary. Advertising material. Refer to disclaimer page for full information.