NOTE: The content below was refreshed to account for changes to Illinois law on January 1, 2020, after the Cannabis Regulation and Tax Act (Illinois House Bill 1438) became effective. After that date, Illinois residents and out-of-state visitors are allowed to possess and use cannabis for recreational purposes, subject to certain limitations.
The Class C misdemeanor in Illinois is an atypical offense. Most misdemeanor offenses are categorized as Class A misdemeanors, not Class C misdemeanors.
The law in Illinois says that a person charged with a Class C misdemeanor is subject to a maximum of 30 days in county jail and fine up to $1,500.
Class C Misdemeanor Penalties & Sentencing
On the books in Illinois, there are three types of misdemeanor offenses:
- Class A misdemeanors;
- Class B misdemeanors; and
- Class C misdemeanors.
The potential penalties adhere to a hierarchy suggested by the above list. Class A misdemeanors are the most severe. Their penalty is up to 364 days in jail and a maximum fine of $2,500. For Class B misdemeanor offenses, the maximum period of confinement is 180 days in jail, and the maximum fine is $1,500.
A Class C misdemeanor is the lowest form of a criminal offense in Illinois. Basically, it is one step above a petty offense, a business offense, or an ordinance violation. For those three types of offenses, the court cannot sentence the defendant to a jail or prison sentence. Instead, the only punishment the judge can impose on a finding of guilt is a fine.
These offenses are called quasi-criminal offenses because the procedure involved in court is similar to the procedure on a criminal charge. The person who stands accused is called the defendant, and the prosecution must prove them guilty. But the burden of proof is preponderance of the evidence. For instance, the prosecution must show it is more likely true than not that the defendant is guilty. Also, the penalty is civil in nature. That is, the judge can only impose a fine.
A Class C misdemeanor, though, is a criminal offense with the same procedure as any other crime, including first-degree murder. The defendant is presumed innocent, and the State has the burden of proof beyond a reasonable doubt, etc.
Examples of Class C misdemeanors include the following:
- Disorderly conduct. 720 ILCS 5/26-1.
- Assault. 720 ILCS 5/12-1.
Before January 1, 2020, when the Cannabis Regulation and Tax Act (Illinois House Bill 1438) became effective, it was a Class C misdemeanor to possess less than 2.5 grams of cannabis. Under the new rules, it is mostly legal to possess and use cannabis. Though in certain cases, it can be a civil offense with a maximum fine of $100 to possess less than 10 grams of cannabis.
While there are other Class C misdemeanor statutory offenses, they are very seldom, if ever, charged by the prosecutor.
That being said, a Class C misdemeanor charge can be a very serious matter. The reason is, if you are found guilty of the offense, you will have a criminal record. Employers who do background checks do not care that the offense was only a Class C misdemeanor. In fact, they probably would never know the difference. The only thing that matters to them is that the job applicant has a criminal record, even if it was merely a Class C misdemeanor for assault, disorderly conduct, etc.
What is more, a conviction for a Class C misdemeanor will permanently disqualify that person from ever expunging that record. The offense could have occurred when the defendant was 17 years old, but the criminal record can carry on forever.
