NOTE: This page includes adjusted content to reflect the Cannabis Regulation and Tax Act (Illinois House Bill 1438), which became effective on January 1, 2020. Since that time, it is no longer an offense to possess cannabis within certain limits for in-state residents and out-of-state visitors.
Under Illinois law, a criminal offense is generally classified as either a felony or a misdemeanor. The difference between felony and misdemeanor is that a felony has a penalty of one year or more imprisonment. Whereas, misdemeanors have penalties of confinement for less than one year.
What is the sentencing for a Class B misdemeanor in Illinois?
There are three types of misdemeanors: Class A, Class B, and Class C misdemeanor offenses.
The maximum penalty for a Class A misdemeanor is up to 364 days in jail as well as a maximum fine of $2,500.
A Class B misdemeanor, by comparison, basically has a punishment that is half as severe as a Class A misdemeanor. This type of offense has a maximum penalty of 180 days in county jail and a maximum fine of $1,500.
To my knowledge, there are no Class B misdemeanor offenses on the books in Illinois that require the judge to sentence the defendant to jail. Instead, the court can sentence a person who is found guilty of a Class B misdemeanor to probation and community service, instead of incarceration.
Which offenses are considered Class B misdemeanors?
Class B misdemeanors are few and far in between. Almost every misdemeanor offense that prosecutors pursue is a Class A misdemeanor – such as domestic battery, driving under the influence (DUI), driving while license suspended for DUI, retail theft, etc.
The following offenses are Class B misdemeanor crimes:
- Criminal Trespass to Land (CTTL). 720 ILCS 5/21-3.
- Telephone Harassment. 720 ILCS 135-1-1.
- Possession of Cannabis (10 to 30 grams) 720 ILCS 550/4.
- Aggravated Speeding (31 mph over the posted speeding limit). 625 ILCS 5/11-601.5. The law changed in 2011, making a speeding ticket for driving 31 mph over the limit a Class B misdemeanor. This type of ticket used to be a fine-only petty offense, but not anymore.
- Computer Tampering. 720 ILCS 5/16D-3.
- Obstruction of Service of Process. 720 ILCS 5/31-3.
- Littering. 415 ILCS 105/8.
- Altering or Defacing a Serial Number on Machinery. 720 ILCS 335/1.
- Picketing a Residence. 720 ILCS 5/21.1-3.
- Simulating Legal Process. 720 ILCS 5/32-7.
- Window Peeking. 720 ILCS 5/26-1.
Before the Cannabis Regulation and Tax Act (Illinois House Bill 1438) took effect on January 1, 2020, it was a Class B misdemeanor to possess 2.5 to 10 grams of cannabis. Now that cannabis is officially legal for recreational use, unlawful possession crimes have changed drastically. Under specific circumstances, it is now a Class B misdemeanor to possess 10 to 30 grams of cannabis.
What are the penalties for a Class B misdemeanor in Illinois?
The problem with a Class B misdemeanor is that the penalties may not be extreme. But the long-term consequences of a criminal record are usually the same as other misdemeanor or felony convictions.
For instance, the offense of criminal damage to property is a Class A misdemeanor. But most employers who see a conviction on a job applicant’s background for telephone harassment (Class B misdemeanor) are just as likely to reject the job application. The reason is employers do not generally pay attention to the different penalties. They usually care only about the fact that the job applicant has a criminal record.