Hire a Skilled Criminal Defense Lawyer When Facing Disorderly Conduct Charges
Most states have disorderly conduct laws, but it can vary by state and often is used as a “catch-all” crime, and many types of unruly conduct may fit the definition. Police tend to use a disorderly conduct charge to maintain order when a person is behaving in a disruptive manner but presents no serious public danger.
Illinois Statute 720 ILCS 5/26-1 states:
A person commits the offense of Disorderly Conduct when he/she knowingly:
- Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or
- Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists
- Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or
- Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or
- Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it.
Penalties for disorderly conduct vary by the degree of the charge:
- Section (1) is a Class C misdemeanor which is punishable by up to 30 days in the county jail; up to 24 months court supervision, conditional discharge or probation; fines up to $1,500 or both. Additionally, there is a mandatory minimum sentence of 48 hours in jail or 30 hours of public service if you are found guilty or plead guilty to this offense.
- Section (2) is a Class 4 Felony which is punishable by between 1 to 3 years in the Illinois Department of Corrections; up to 30 months conditional discharge or probation; and/or fines up to $25,000.
- Section (3) is a Class 3 Felony which is punishable by between 2 to 5 years in the Illinois Department of Corrections; up to 48 months conditional discharge or probation; and/or fines between $3,000 and $10,000.
- Section (4) is a Class 4 Felony which is punishable by between 1 to 3 years in the Illinois Department of Corrections; up to 30 months conditional discharge or probation; and/or fines up to $25,000.
- Section (5) is a Class A misdemeanor which is punishable by up to 364 days in the county jail; up to 24 months court supervision, conditional discharge or probation; and/or fines up $2,500. Additionally, there is a mandatory minimum of 30 hours of public service work if you are found guilty or plead guilty to this offense.
When facing disorderly conduct charges, it is essential to find an experienced criminal defense lawyer to ensure the best possible outcome. To obtain skilled legal representation in Rockford, Machesney Park, Loves Park, and in other communities surrounding Winnebago County, contact the Law Office of Paul M. Marriett for a free consultation at (815) 391-0089 or by email here.