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EXPERIENCED CRIMINAL DEFENSE ATTORNEYS DEFENDING CLIENTS NATIONWIDE

Chicago Misdemeanor Attorney

WHAT IS A MISDEMEANOR?Chicago Misdemeanor Defense Lawyer

A misdemeanor represents the second level in the hierarchy of crimes. Typically, misdemeanors are punishable with fines, jail time, or a combination of both. While people convicted of misdemeanors will rarely find themselves in prison, they still need a strong legal defense to fight their charges.

ILLINOIS MISDEMEANOR CLASSIFICATIONS

Illinois Has Three Classes of Misdemeanor:

  • Class C Misdemeanors are punishable by fines of up to $1,500, up to 30 days in jail, or both.
  • Class B Misdemeanors are punishable by fines of up to $1,500, up to 180 days in jail, or both.
  • Class A Misdemeanors are punishable by fines of up to $2,500, up to 364 days in jail, or both.

Illinois also has other forms of sentencing that can bypass fines or jailtime.

Alternative misdemeanor punishments include:

  • Court Supervision. In this case, the court withholds conviction and gives you orders for things to do or to refrain from doing within a certain amount of time. What exactly they ask depends on the case and the charge. If you are able to stay within the guidelines the court gives within the time allotted, then the court will not put a conviction on your record.
  • Probation. This requires being under the strict supervision of a probation officer. Much of your behavior is regulated, sometimes all the way down to being required to avoid alcohol. You must check in with the officer regularly, and failure to meet requirements could lead to a harsher sentence. This sentence is a conviction, will remain on your background, and it cannot be expunged off your record in most cases.
  • Conditional Discharge. With this sentence, you are not as strictly supervised as when you’re on probation, but still have tasks that must be completed. For example, you may need to do community service, seek therapy, go to rehab, etc. This sentence is a conviction that you might be able to expunge or seal.

Pissetzky Law LLC is equipped to defend against any misdemeanor charge, including:

DUI

In Illinois, DUIs exist in a hazy line between misdemeanors and felonies. While the state classifies a DUI as a Class A felony, Illinois still has a tiered system for DUI charges. The first offense has a smaller sentence, the second offense carries a heftier sentence, and a third offense becomes a felony. The actual blood alcohol level (BAC) affects the severity of the punishment, as does other factors, such the presence of any minors in the car, lack of a valid driver’s license or insurance.

In addition, when charged with a DUI in Illinois, you might lose your driving privileges if the Secretary of State suspends your driver’s license. It is very important to file a Petition to Rescind the Summary Suspension to challenge the suspension of your driving privileges.

With all the variables involved in a DUI charge, it’s highly encouraged that you seek representation when charged. We can help you navigate all the subtle intricacies of the charge and help build an appropriate defense.

Theft

Theft, when classified as a misdemeanor, is a Class A crime in Illinois. It has to fall into very narrow categories for it to be considered a misdemeanor. Otherwise, it gets charged as a felony.

For theft to be classified as a misdemeanor, the property cannot be stolen directly off the other person. If someone left their phone on a bench and another person takes it, that’s different from taking it directly out of their hands. Misdemeanor theft has to take place somewhere other than a school, place of worship, or government building. The property must be valued at $500 or lower, and the accused cannot have any other theft charges on their record.

Pissetzky Law LLC can fight to keep the facts of your case straight and help keep you from being charged for a greater offense.

Battery

Battery can be classified as a felony in more serious cases. It is a misdemeanor only when the other party was not seriously injured. However, the definition of battery is very broad. In Illinois, battery can include any contact with another person that was meant in an “insulting or provoking nature.” The contact doesn’t even have to be body-to-body. If you poke at someone with a stick to annoy them, they can accuse you of battery. Battery is a Class A misdemeanor.

We don’t want to see a minor battery charge elevated beyond reason. Pissetzky Law LLC is here to help fight for clarity amid the inflamed emotions that go along with a battery charge.

Weapons Charges

Without a concealed carry license, Chicago residents are looking at charges for carrying a firearm. Like most Class A misdemeanors, a weapons charge in Illinois can be elevated to a felony based on the severity of the crime. Weapons misdemeanors include carrying tasers, stun guns, and other projectile-type weaponry without a license. For it to be a misdemeanor, it also has to be a first-time charge.

If you’ve been accused of illegally carrying a firearm, we want to help you keep the charges down to a minimum.

Domestic Violence

As a crime, domestic violence meets certain criteria. It must be committed by a close relation, and the crime itself must take place in a familial context. For example, it’s common sense to assume that someone punching their spouse is an act of domestic violence. What may be less clear is if someone is not in a relationship with the accused but used to be in a relationship, such as an ex-boyfriend.

Family violence is a Class A felony when the injuries are not severe and when the offender does not have prior convictions. A person charged with a domestic battery is facing a conviction in Illinois. Domestic Battery charges are not eligible for a sentence of supervision.

We Defend Chicago

Pissetzky Law LLC believes in the right to be represented when someone is accused of a crime. Whatever your charge may be, we are ready to represent you and present your defense in court. Adam Bolotin is a skilled misdemeanor defense attorney with the knowledge and skills that leads our team of lawyers at Pissetzky Law LLC to represent you in court. He and his team are ready to fight for you.

This is not a complete list of misdemeanor crimes in Chicago. There are many other possible charges present in Illinois. If you have been accused of a misdemeanor offense, reach out. There is no risk in talking to us. Call us at (312) 883-9466 or contact us online.

OUR CRIMINAL DEFENSE VICTORIES

  • Case Dismissed Case Dismissed After State Refuses to Cooperate
    People v. IP (2014) Mr. IP was arrested for possession of a large amount of a controlled substance after Chicago police executed a search warrant. Arguing that the information in the search warrant was fabricated, Mr. Pissetzky filed a Motion to Produce Informant. Against the odds, the judge granted the motion and ordered the State to produce the informant. When the State failed to do so, the judge dismissed the case.
  • Not Guilty Chicago Criminal Defense Attorney Secures a “Not Guilty” for Possession, Conspiracy, and Intent
    Chicago criminal defense attorney, Gal Pissetzky takes the fight all the way for his clients. Gal was able to secure a “not guilty” on all counts for his client in a case involving possession, conspiracy, and intent to distribute cocaine.
  • Case Overturned Chicago Criminal Defense Lawyer Gets Drug Case Overturned
    Chicago criminal defense attorney Gal Pissetzky takes the fight all the way for his clients, even when the fight involves creating new laws to protect their rights. While defending a day laborer accused of drug trafficking crimes, the prosecutor in the case questioned the man as to how he was able to come up with the $75,000 bail bond. The client was found guilty but Mr. Pissetzky objected to the bail bond reference and the case was overturned on appeal. When it was sent back to trial, Gal Pissetzky negotiated for time served and the client regained his freedom.
  • Not Guilty of All Charges Class X felony Possession with intent to deliver marijuana and cocaine

    Not Guilty of All Charges

    People v. LG – Not Guilty of a Class X felony Possession with intent to deliver marijuana and cocaine. Although the chicago police had a search warrant to search a home where they found large amounts of marijuana and cocaine, as well as an identification card and other proof of residency for LG, the judge found LG NOT GUILTY of all charges.

  • Sentenced Reduced Client Facing 40 Years Gets 4 Months Instead
    Chicago criminal defense attorney Gal Pissetzky argues for a light sentence and wins! Mr. BC was charged with a large drug conspiracy in a federal court case. He was personally responsible for distributing over 200 kilos of marijuana. After intense negotiations with the government and without ever having to become an informant or a snitch, Mr. Pissetzky convinced the judge that Mr. BC should receive a very short sentence of four months, despite the fact that he was facing up to 40 years in prison. The judge agreed with Mr. Pissetzky and sentenced Mr. BC to just four months in jail.
  • Not Guilty on All Counts Cross-Examination by Chicago Criminal Defense Attorney Leads to a “Not Guilty”
    People v. Z. (2009) – Mr. Z. was accused of transporting five kilograms of cocaine in a secret compartment of a car. After a trial in which Gal Pissetzky cross-examined officers from the elite narcotics division of the Chicago Police Department, the judge found Mr. Z. NOT GUILTY of all charges.
  • Federal Judge Imposes Light Sentence Over Government’s Objections Federal Crime
    U.S. v. HJ (2014) Mr. HJ was charged as the leader of a large Chicago drug organization. The government attributed over 26 kilos of cocaine to Mr. HJ, and sought a minimum 15-year-sentence based on his alleged leadership role. After a very contested sentencing hearing, during which Mr. Pissetzky argued that Mr. HJ was not a the leader of the organization and should therefore receive a much lower sentence, the judge agreed with Mr. Pissetzky and told the government it had not met its burden of proof. Although the judge found Mr. HJ responsible for 26 kilograms of cocaine, Mr. Pissetzky convinced the judge to sentence Mr. HJ to only 70 months–nine years less than what the government wanted.
  • Reduced Sentence Federal sentencing on drug conspiracy charges – 18 months for 26 kilos of cocaine without ever cooperating
    (USA v. MM) Mr. MM was charged in Federal Court with drug conspiracy to distribute over 26Kilograms of cocaine. The government used an informant and recorded calls. After long but successful negotiations with the government, Mr. Pissetzky was able to convince the prosecutor to amend the charges so MM won’t be facing the mandatory 10 years to life in prison. The government, however, still sought to send MM away for a long period of incarceration. MM never cooperated or became an informant!!!! Mr. Pissetzky filed a sentencing memorandum. During the federal sentencing hearing, Mr. Pissetzky argued to the Judge for a much reduced sentence. The Judge sentenced MM to a short 18months.
  • Not Guilty Gal Pissetzky Gains Not Guilty Verdict on Tough Drug Case. Defendant Wins!
    (People v. CC) – FINDING OF NOT GUILTY – CC was charge with possession with intent to deliver 175 grams of cocaine, and 4 guns where also found during the search of the apartment he was in. Chicago police had a search warrant to an apartment that they claimed CC was living in with his girlfriend. During the search of the apartment, the police recovered 4 guns, ammunition, 175 grams of cocaine, and a scale. At trial, attorney Pissetzky and one other attorney established through cross-examination that the State could not prove that CC actually lived in the apartment. The judge found CC NOT GUILTY of all charges.
  • Case Dismissed Gal Pissetzky Gets Federal Drug Case Dismissed After Cross Examining DEA Agents.
    Defendant Wins! (USA v LG) – RARE CASE OF NO PROBABLE CAUSE FINDING IN FEDERAL COURT – The DEA arrested LG with his wife and charged them with possession of 2.5 kilograms of cocaine. The government alleged at a preliminary hearing in federal court that LG’s wife was trying to sell the cocaine to an undercover DEA agents. Mr. Pissetzky was representing LG, who was arrested in the undercover DEA car after the wife handed the drugs to the DEA agent. During the hearing, Mr. Pissetzky questioned the DEA agent and established that LG was merely present during the drug deal. The federal magistrate judge found that there was not probable cause to arrest LG and ordered that the case against him be dismissed immediately.

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