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Belleville Misdemeanor Defense
Home » Belleville Misdemeanor Defense

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 or green card. The stakes are tremendously high, making the need for a Belleville misdemeanor defense lawyer an immediate priority.

The Conner Law Firm defends misdemeanor charges in Belleville and St. Clair County, because even a minor charge can create a permanent record that follows you for life. Our attorneys fight to keep your record clean through dismissals, supervision, and when applicable, expungement, 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, 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 provoking physical contact without any legal justification, such as self-defense. This misdemeanor could put you in jail for up to 364 days. Additionally, battery that causes bodily harm does not usually allow for what is called a “good time” credit, and you will receive a straight time sentence where you are required to remain behind bars for the full duration. 

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. You’d spend 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. 

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Defense Strategies

You’ll be in strong, capable hands with The Conner Law Firm as Erin K. Conner once served on prosecution, making her well-poised to aggressively defend you with the knowledge she brings from the other side. There are many ways we can fight your misdemeanor charges.

Self-Defense

Battery charges can often be dismissed by proving it was self-defense. Our investigations 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 defense in Belleville. Showing you did not intend to shoplift and that it was a 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 attorneys can challenge their credibility and cause the prosecution’s case to flounder. 

Constitutional Violations

There are many Constitutional rights that you are entitled to receive that you may not be aware of. Among them is 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 your charges and potentially getting them dismissed.

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

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 while 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 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 after a waiting period. To expunge a misdemeanor conviction in Illinois, it may not be possible, though sealing the record often is. Talk to our attorneys for specific legal guidance if you have already been convicted to see if getting this off your record is possible. 

Will a misdemeanor show on a background check?

Yes, if you have a misdemeanor, it will usually appear on any 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 Belleville and St. Clair County, because even minor charges can stay on your permanent record for life.

Since you can still be made to serve a jail sentence, don’t wait to get the legal prosecution you need to help cast doubt on the prosecution’s claims or help you get court supervision instead. Call 618-277-2421 today for a free consultation to discuss your misdemeanor defense

    Contact a Criminal Defense Attorney in Belleville, IL Today

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