MISDEMEANORS

Just because misdemeanors don’t come with penalties as severe as felonies, it doesn’t mean that you shouldn’t take them seriously. A misdemeanor conviction will still result in a criminal record. If you do not have a previous criminal record and the state charges you with something relatively minor, such as retail theft of property valued at less than $150, you can expect a misdemeanor charge. If a court convicts you, expect to pay a fine and face as much as one year in jail.

Any criminal charge could leave serious, far-reaching consequences on your life—so anyone accused of a crime must speak to a criminal defense lawyer as quickly as possible. The attorneys of Scott Kent Law, L.L.C., have more than four decades of combined legal experience and know how to resolve criminal cases with as little consequence to our clients as possible.

We thoroughly analyze each case to determine whether any legal defenses exist. We are tenacious negotiators who understand how to get prosecutors to offer favorable plea bargains. To schedule a completely free case evaluation with an experienced criminal defense lawyer, call our office today at (630) 474-8000.

Examples of Class A misdemeanors include:

• Domestic battery
• Battery
• Criminal damage to property
• Criminal trespass to residence
• DUI
• Possession of marijuana (more than 30 grams but less than 100 grams)
• Prostitution
• Public indecency
• Reckless conduct
• Resisting a police officer
• Retail theft

Class A misdemeanors come maximum sentences of one year in jail and $2,500 in fines.

Examples of Class B Misdemeanors include:

• Criminal trespass to property
• Possession of marijuana (more than 10 grams but not more than 30 grams)

Class B misdemeanors are punishable by a maximum of six months in jail and $1,500 in fines.

Examples of Class C Misdemeanors include:

• Assault
• Disorderly conduct

Class C misdemeanors are punishable by a maximum of 30 days in jail and $1,500 in fines.

In some circumstances, the State’s Attorney can enhance a misdemeanor to a felony. Examples of this include:

• Multiple prior charges of the same offense
• Causing more than $300 worth of damage
• Taking more than $300 in theft
• Causing great bodily harm
• Damaging government/state supported property
• Targeting or attempting to harm law enforcement or medical/educational personnel

If you face a misdemeanor charge, it’s easy to think it’s “no big deal.” You might expect unsupervised probation and minimal fines, believing that pleading guilty and moving on is the most efficient option. With a small fine and probation, you may think you can return to your life without issue. However, you may not foresee the consequences beyond court and fines, such as long-term impacts on employment, housing, and personal opportunities.

Unfortunately, in reality, a misdemeanor conviction can often result in much more severe collateral consequences than any court-imposed sentence. In some cases, these collateral consequences may arise years or even decades after a conviction. Such repercussions can include difficulties obtaining employment, housing, or professional licenses, as well as adverse effects on educational opportunities and personal relationships. It is important to consider these potential long-term impacts before deciding to plead guilty and to seek legal counsel to fully understand the consequences of a misdemeanor conviction.

Potential collateral consequences of a misdemeanor conviction include:

Many employers are hesitant to work with employees with any kind of conviction on their records. A misdemeanor conviction could result in the loss of a current job and difficulties getting a new job in the future. As more employers make criminal background checks standard parts of their hiring processes, any conviction could hurt your chances of getting a job.

If you are currently a student, your school could sanction you. The student codes of conduct at many colleges and universities prohibit students from engaging in illegal activity. As a result, a misdemeanor conviction could result in academic probation, suspension, or even expulsion. In addition, any discipline imposed by your school will become part of your academic record. If you are not yet a student or plan to continue your education after you graduate from your current program, a criminal conviction—even for a misdemeanor—could hurt your chances of admission or and your eligibility for federal financial aid programs.

Landlords understandably do not want illegal activity on their properties. For this reason, many require that applicants for apartments submit to criminal background checks before entering into lease agreements. A misdemeanor criminal conviction could make renting an apartment difficult.

A criminal conviction is typically a matter of public record, which means that anyone who is curious about your past could potentially uncover its existence with a simple internet search. Friends, family members, coworkers, and even potential romantic partners could find out about your conviction.

If you are already dealing with the collateral consequences of a criminal conviction, speak to one our attorneys about clearing your record through expungement or sealing.

Not every arrest on a misdemeanor charge leads to a conviction. In many cases, an attorney can raise defenses that may result in favorable plea bargains, acquittals at trial, or even the complete dismissal of cases. For example, if you were accused of a violent crime like assault, your attorney may argue that you acted in self-defense. Similarly, if prosecutors accuse you of drunk driving, your lawyer may introduce evidence that police used an improperly calibrated Breathalyzer in your case and that the results were therefore unreliable.

In many misdemeanor cases, the appropriate defense has less to do with denying that the incident occurred or alleging additional facts that would justify your conduct than attacking the way in which police conducted an investigation. The Fourth Amendment of the U.S. Constitution prohibits police from engaging in unreasonable searches and seizures, and an experienced attorney can work to suppress any evidence gathered during an illegal search or seizure—which means that prosecutors cannot use it against the defendant.

For example, if the police searched your vehicle without a warrant or probable cause, the court might declare inadmissible any contraband that they found. Without access to the evidence of the contraband, the prosecution would almost certainly need to drop the case.

Whether a search or seizure violated your constitutional rights depends on numerous circumstances, and spotting violations requires significant legal experience and training. If you are charged with a crime after police searched you, your home, or your vehicle, speak to an attorney as soon as you can. Simply assuming that a search or a seizure was valid can result in a completely avoidable conviction.

If you are accused of a crime—even a misdemeanor—retain an experienced lawyer as soon as you can. An attorney can often make a significant impact on the way that a case is resolved and may even result in prosecutors entirely dropping the charges against you.

Our legal team is prepared to help you challenge your criminal charges and can assist you with expungement if you wish to clear your misdemeanor from your criminal record. To learn more, contact Scott Kent Law, L.L.C., at (630) 474-8000 today!