Belleville Misdemeanor Defense Lawyer

Just one misdemeanor conviction in Illinois is all it takes to create a permanent criminal record. One mistake, one case of being in the wrong place at the wrong time, or even mistaken identity could potentially affect your employment, housing, professional licensing, and even immigration status if you are on a work visa. The stakes are tremendously high, making the need for an experienced criminal defense attorney an immediate priority.

The Conner Law Firm defends misdemeanor charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, because even a minor charge can create a permanent record that follows you for life. Our Firm fights to keep your record clean through dismissals, supervision, deferred prosecution programs, and when applicable, expungement or sealment, allowing you to preserve your future and your freedom.

Misdemeanor Charges

Illinois misdemeanor charges have varying classifications depending on the circumstances of the arrest. A few examples of common misdemeanor charges follow below. For a broader list, visit our Illinois misdemeanor penalty guide.

Assault (720 ILCS 5/12-1) – Class C Misdemeanor

Assault is often confused with battery, as other states sometimes refer to them by one name, though sometimes the two are charged together. The difference is assault is knowingly behaving in a way that puts another person in reasonable fear of being physically harmed. Assault charges do not require any physical contact to take place. The penalty for this misdemeanor is up to 30 days in jail along with fines.

Battery (720 ILCS 5/12-3) – Class A Misdemeanor

Battery involves causing bodily harm or harmful/offensive physical contact without any legal justification, such as self-defense. This misdemeanor could put you in jail for up to 364 days. Additionally, the court can impose requirements that you pay restitution to the victim for harm that was caused by your conduct.

Resisting/Obstructing (720 ILCS 5/31-1) – Class A or B Misdemeanor

Knowingly resisting an officer or obstructing them from their duties is often a Class A misdemeanor though it may be issued as Class B depending on the circumstances.

Disorderly Conduct – Class C Misdemeanor

Any action that disturbs the peace or causes public concern can be charged as disorderly conduct. The court has the discretion to sentence individuals to up to 30 days in jail for this Class C misdemeanor if convicted.

Jail is always a possibility with misdemeanor charges in Illinois. However, judges often grant probation, court supervision, or community service, particularly for non-violent offenses or for first-time non-violent offenders. If you are convicted of a misdemeanor, it still results in a permanent blemish on your criminal record, and beyond any sentence you are issued, you will carry those consequences with you forever.

That is why it is vital to connect with The Conner Law Firm, where Erin K. Conner represents each client herself to ensure the best possible outcome in every scenario.

Defense Strategies

There are many ways we can fight your misdemeanor charges, depending on the specific charges and the factual circumstances of your case. Ms. Conner has extensive experience in felony and misdemeanor defense, and is not afraid to push the prosecution to try their case when a client’s interests require.

Self-Defense

Battery charges can often be negotiated down or dismissed where evidence exists showing that you acted in self-defense. Where applicable, our efforts will challenge the prosecution’s evidence to show that you were engaging in reasonable force to protect yourself from harm.

Lack of Intent

Lack of intent is a strong defense against many criminal charges, including theft and burglary. Showing you did not intend to commit retail theft, and that it was an honest mistake, or in cases of battery, showing that the contact was accidental can create doubt about intent to harm.

Challenging Witness Credibility

Witness testimony isn’t always as solid as people think. When a witness gives conflicting accounts to their statements or shows bias, our Firm can challenge their credibility and cause the prosecution’s case to crumble.

Constitutional Violations

There are many Constitutional rights that you are entitled to receive that you may not be aware of including the Fourth Amendment where you cannot be subject to illegal searches or seizures. Additionally, the police have no right to arrest you without probable cause. They can’t make a traffic stop without either seeing you commit a traffic violation or having reasonable suspicion that you are committing a crime. If you were not read your Miranda rights upon arrest or any procedures were not followed to the letter, that is grounds for challenging the evidence the state has used as a basis to charge you with a crime.

In the event that enough proof is stacked up against you, The Conner Law Firm will pursue court supervision or diversionary programs to prevent a conviction from permanently being embedded on your record.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

What is the difference between assault and battery in Illinois?

Assault and battery are closely linked but they are not the same thing. In Illinois, assault is defined as the threat of imminent harm, and no physical contact needs to take place. Battery is the actual physical contact. While both are misdemeanor charges, they can be upgraded to felonies if there are aggravating factors.

Examples of assault include swinging and missing or threatening someone with a gun. For battery, prime examples are punching, slapping, or spitting on someone. Aggravating factors for battery would include great bodily harm, using a weapon or targeting children, senior citizens, or police. For assault, in addition to holding a deadly weapon, you could have upgraded charges while wearing a hood or mask.

Can a misdemeanor be expunged in Illinois?

Yes, in Illinois you can expunge many misdemeanors if you were acquitted or found not guilty or the case was dismissed. Successful completion of a court supervision program usually allows for expungement of most misdemeanors after a waiting period. Though attempts to expunge a misdemeanor conviction in Illinois may not be possible, sealing of the record often is. Talk to our attorneys for specific legal guidance if you have already been convicted to see if clearing your record is possible.

Will a misdemeanor show on a background check?

Yes, if you have a misdemeanor charge, it will usually appear on a criminal background check conducted on you. Any misdemeanor of Class A, B, or C will appear, even if the case was dismissed or fetched a verdict of not guilty unless you have them formally expunged.

The Illinois Job Opportunities for Qualified Applicants Act forbids employers from inquiring about your criminal history until you have been chosen for a job interview or if a conditional job offer is made. Additionally, Illinois does allow for expungement in certain scenarios, and in others, allows for sealing records, which would make them invisible to most employers.

Contact The Conner Law Firm

Your misdemeanor charges may stem from a simple misunderstanding, mistaken identity, or an improper traffic stop. When you make a small mistake, you don’t want to be stuck with it looming over your head forever, preventing you from getting a job or affecting your social standing. You need a criminal defense lawyer in Belleville who knows how the prosecution works from the inside out to come to your defense. The Conner Law Firm defends misdemeanor charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, because even minor charges can stay on your permanent record for life.

Don’t wait to get the legal protection you need to help cast doubt on the prosecution’s claims or pursue the most favorable disposition available. Call 618-277-2421 today for a free consultation to discuss your misdemeanor defense