What’s the Difference Between a Felony and a Misdemeanor in Illinois?

 Posted on August 08, 2025 in Felonies & Misdemeanors

The word "criminal" can feel like a brand, a permanent stamp that separates the accused from everyone else. But not all criminal charges carry the same weight. Some are serious enough to destroy careers, families, and futures. Others, while still consequential, may offer a path forward without lifelong consequences.

In Illinois, the criminal justice system separates crimes into two main categories: felonies and misdemeanors. If you or someone you love is facing charges for either of these types of crimes, understanding the difference could shape everything that comes next. Whatever level of charges you may be facing, our Rolling Meadows, IL criminal defense attorney is here to help.

What Is a Misdemeanor in Illinois?

A misdemeanor is a criminal offense that is considered less serious than a felony. But that does not mean it is "minor." A misdemeanor can still lead to jail time, steep fines, a criminal record, and consequences for your job, license, or immigration status. Misdemeanor convictions can also show up on background checks for years.

Illinois law recognizes three classes of misdemeanors::

• Class A Misdemeanor: This is the most serious level of misdemeanor. The maximum penalty is up to 364 days in jail and a fine of up to $2,500. Common examples include first-time DUI, retail theft under $300, battery, and criminal trespass to a residence.

• Class B Misdemeanor: These offenses are punishable by up to 180 days in jail and a fine up to $1,500. Examples include possession of cannabis between 10 and 30 grams (first offense) and some traffic-related violations.

• Class C Misdemeanor: This is the least severe class of misdemeanor. It carries a maximum penalty of 30 days in jail and up to a $1,500 fine. Examples include assault (as distinct from battery), some disorderly conduct offenses, and minor alcohol violations.

Even if the sentence is short or suspended entirely, a conviction for a misdemeanor can still have a serious impact. Certain employers will not hire people with any criminal record. Landlords may deny applications. And many misdemeanor convictions cannot be sealed or expunged.

What Is a Felony in Illinois?

A felony is a much more serious criminal offense. Felonies in Illinois are punishable by one year or more in prison and can result in long-term supervision, parole, and a permanent criminal record. Some felony convictions also carry mandatory prison terms and restrictions on civil rights, including your right to vote, possess firearms, or hold certain professional licenses.

Felonies are classified in Illinois from Class 4 (the least severe) to Class X (the most severe):

• Class 4 Felony: One to three years in prison (or probation). Examples include aggravated DUI without serious injury, possession of controlled substances (small amounts), and aggravated assault.

• Class 3 Felony: Two to five years in prison. This class includes certain drug offenses, theft over $500, and aggravated battery in specific circumstances.

• Class 2 Felony: Three to seven years in prison. These crimes include aggravated domestic battery, burglary, and some sexual offenses.

• Class 1 Felony: Four to 15 years in prison. Common examples include criminal sexual assault and certain drug trafficking offenses.

• Class X Felony: Six to 30 years in prison, with no probation allowed. These include the most serious non-capital crimes in Illinois, such as armed robbery, aggravated battery with a firearm, and home invasion.

For many felony charges, the court may impose extended terms if aggravating factors exist. For example, if the defendant has a prior felony record, if the crime involved a child, or if a weapon was used, the sentence could be extended beyond the standard guidelines.

Can DUI Charges Be Misdemeanors or Felonies?

Driving under the influence (DUI) is one area where the line between misdemeanor and felony charges can be complex. Attorney Scott Anderson has spent decades defending against both types of DUI charges, including highly complex cases involving injury, multiple prior offenses, or felony enhancement.

In Illinois, a first or second DUI offense is typically charged as a Class A misdemeanor, punishable by up to 364 days in jail and a fine of $2,500. However, aggravating factors can quickly raise a DUI to a felony, also known as Aggravated DUI. Felony DUI charges can result in multi-year prison sentences, permanent loss of driving privileges, and felony-level consequences that follow you for life.

Do I Need a Lawyer for a Misdemeanor?

Misdemeanors are criminal charges, and they carry real risks. A conviction can mean jail time, license suspension, immigration consequences, and a record that may follow you far into the future. Worse, if you plead guilty without understanding the full consequences, you may give up rights you did not know you had. With the right legal strategy, many misdemeanor charges can be reduced, dismissed, or resolved in ways that protect your future.

Can I Expunge or Seal a Misdemeanor or Felony?

In some cases, both misdemeanors and felonies can be expunged, but the rules are strict. Certain misdemeanor convictions can be sealed after a waiting period, while others (like DUI or domestic battery) cannot. Felony convictions are harder to seal or expunge and often require a petition and a hearing. Illinois does allow some felony records to be sealed under 20 ILCS 2630/5.2, but there are many exceptions.

Felony and misdemeanor charges affect every part of your life. In addition to the difference in punishment, felonies carry collateral consequences that misdemeanors usually do not. Felony convictions can disqualify you from certain jobs, restrict your right to vote or own a firearm, limit your access to financial aid or housing, and even result in immigration detention or deportation. In cases involving minor children, a conviction could affect custody or visitation in family court. Turning over a new stone and knowing whether you are eligible for expunction could greatly increase your quality of life.

Get Help from an Arlington Heights, IL Criminal Defense Attorney With Decades of Experience

Whether you are facing a misdemeanor traffic offense or a felony charge that could change the course of your life, you deserve an attorney who will take your case seriously. If you are unsure how serious your charge is or what to do next, do not wait. A single decision could change the outcome of your case.

If you have been charged with a felony or misdemeanor, talk to the Rolling Meadows, IL criminal defense attorney at Scott F. Anderson, Attorney at Law today. Schedule your free consultation by calling 847-253-3400 to protect your rights as soon as possible.