Disorderly Conduct Attorney Chicago
Defense for Disorderly Conduct Charges
When a person does any act in a manner that alarms and disturbs another and provokes a breach of the peace, then this person commits disorderly conduct. This is the most common type of disorderly conduct and includes typical circumstances where a person screams, yells, throws things, bothers others or does virtually anything that annoys at least one other person. It doesn't need to be loud or disturb many people, it just needs to disturb at least one person, so it can include situations such as a person publicly urinating. But as the statute requires, the disorderly conduct must also provoke a breach of the peace, which means that it must cause a public disturbance. So, one can commit disorderly conduct from their own home, if their behavior is loud enough to alarm or disturb an individual, while at the same time causing a public disturbance.
What Is Considered Disorderly Conduct in Chicago and Elsewhere in Illinois?
The Illinois statute for Disorderly Conduct has twelve separate subsections describing the different ways that a person can be guilty of the offense. These various ways of violating the law carry differing penalties, depending upon the seriousness of the conduct, and any prior similar offenses that a person may have in their background.
The most common form of the charge is found in subsection (a)(1) described above, which is acting in an unreasonable manner so as to alarm or disturb another individual, and provoke a breach of the peace. This offense is punishable as a Class C misdemeanor, which carries a possible sentence of no more than 30 days in jail, a fine not to exceed $1,500, or a period of probation, conditional discharge or supervision not to exceed two years.
Since 1990, the attorneys at Mitchell S. Sexner & Associates LLC have been defending clients charged with disorderly conduct and other criminal offenses. Call us 24 hours a day at (800) 996-4824 to learn how we can help.
Other Disorderly Conduct Misdemeanors
The following acts of disorderly conduct are also misdemeanors:
- False report to any public safety agency (2nd offense is a Class 4 felony)
- False report of theft, damage, destruction or conversion of any property to police or other government agency with the intent to defraud an insurer (2nd offense is a Class 4 felony)
- "Peeping Tom", entering another’s property for a lewd purpose, looking into windows or other openings (3rd offense is a Class 4 felony)
- Using a laser or laser pointer by aiming it at a police officer, or into a cockpit of an aircraft in motion
- Making a false report to the department of public health or a false report of violence or abuse regarding victims of violence and abuse
- Disorderly Conduct at a Funeral or Memorial Service, which was enacted in response to the incidents of religious zealots protesting soldiers funerals and causing mourners emotional distress.
There is one other form of disorderly conduct, considered to be a "business offense" punishable by a fine not to exceed $3,000 - which is making harassing or annoying debt collection telephone calls. If you are being hounded by debt collectors, and you feel they have gone too far in their efforts to collect from you, you can call the police to report them.
Felony Disorderly Conduct Charges
The following are the more serious forms of disorderly conduct:
- False fire alarm to a fire department, knowing there is no fire
- False report of criminal activity to a peace officer, or police department
- Threat to destroy school property, or to cause bodily harm, violence or death to persons at the school, or school function or event
- False alarm or complaint called in to 911 knowing it will cause an emergency response
- False report of child abuse or neglect to the DCFS
- False request for an ambulance or emergency medical response knowing it isn’t needed
These offenses are Class 4 felonies. If found guilty of a false 911 call, in addition to the other penalties, one can be made to pay up to $10,000 to reimburse the cost of the emergency response.
It is a Class 3 felony, punishable by a prison term of 2 to 5 years, or up to 4 years of probation or conditional discharge, to make a false report of a bomb, explosive device, poison gas canister or radioactive material, knowing that there is no basis to believe that it is so. This is the most serious of all the disorderly conduct charges. It also carries an additional mandatory fine of no less than $3,000 but up to $10,000, on top of the other penalties.
Don't Let a Disorderly Conduct Charge Tarnish Your Future
All too often, we here at Mitchell S. Sexner and Associates LLC hear from people that their case is "no big deal, it’s only disorderly conduct." But any criminal charge, regardless of the severity, can carry serious consequences upon a conviction that may negatively affect one’s record, and which in turn may have an impact on one’s ability to seek employment or professional licensing.
If you have been charged with such an offense, then you need dedicated, experienced, and knowledgeable lawyers to fight for you in court, to protect your good name, your rights, and your freedom. So call today for a free appointment or information and learn how a Chicago defense attorney at our office can be of service to you. You can call us 24 hours a day at (800) 996-4824.