Mount Prospect Disorderly Conduct Attorneys

Under Illinois law, disorderly conduct means someone consciously acted unreasonably in a way that disturbed or alarmed someone else, also known as disturbing the peace. Depending on the nature of the violation, you could be charged with a misdemeanor or felony of varying degrees.

However, you are charged, a disorderly conduct conviction can be damaging to your future, so you should retain an attorney immediately. The Mount Prospect disorderly conduct attorneys at Villadonga & Villadonga can help to defend against disorderly conduct charges.

What Are Examples Of Disorderly Conduct Under The Law?

Disturbing the peace is the most well-understood type of disorderly conduct. But you also can be charged if you make:

• A false fire report
• A false bomb report
• A false allegation of a crime
• A false request for an ambulance
• A false Department of Health report
• A false child neglect or abuse report
• Intimidating or harassing calls to people while attempting to collect a debt

You also may be charged with disorderly conduct if you have loud arguments in a public area; call 911 to discuss something that did not happen; pull a fire alarm for no reason or urinate in an area occupied by the public.

A common violation charged as disorderly conduct is making a threat against a school, including a bomb or gun violence threat. These cases are treated seriously in Illinois, and the prosecutor and judge will usually approach those charged with such a crime harshly. This is because of the increased number of school shooting incidents that have happened in the U.S. in recent times. If you are convicted of threatening a school, it is a Class 4 felony punishable by three years in prison and a $25,000 fine.

However, it is not against the law to file a police report if you believe a fire or crime is happening such as seeing or smelling smoke.

Breach Of Peace

Another part of the disorderly conduct statute in Illinois is a breach of peace. This broad provision can cover many types of conduct, so there are potential lines of defense. Examples are playing loud music, public drunkenness, fighting, violent protests, shouting or swearing in public, and riots.

To be convicted, the county prosecutor must prove beyond a reasonable doubt that you committed the act knowingly and that it disturbed and alarmed at least one other person. In addition, the person who was alarmed must have been part of the general public, and the victim or witness may not be a member of law enforcement.

What Are The Consequences For A Disorderly Conduct Charge?

The sentence for a disorderly conduct conviction depends on the type of act and its seriousness. Depending on the nature of the crime, you could be convicted of a:

• Class 3 felony: Five to 10 years in prison and up to a $25,000 fine.
• Class 4 felony: One to three years in prison and a fine of up to $25,000.
• Class A misdemeanor: Up to 364 days in jail and a maximum fine of $2,500.
• Class B misdemeanor: Up to six months in jail and a $1,500 fine.
• Class C misdemeanor: Up to 30 days in jail and a maximum fine of $1,500.

Also, you could be required to reimburse any public response organization for what it cost to falsely respond to an emergency, with a maximum of $10,000. You also may be sentenced to 30-120 hours of community service in the county where the crime occurred.

Other Disorderly Conduct Charges

You can be charged with disorderly conduct for public intoxication or sleeping on the street.

Considerations For Disorderly Conduct Charges

Disorderly conduct in Illinois is a broad area of the law covering actions that affect the general peace and public order. The law focuses mainly on a person’s unreasonable behavior that makes others feel disturbed or alarmed.

Much of the law also deals with making false alarms that utilize vital public services for illegitimate reasons. If you engage these services for no reason, the prosecutor will point out this in a trial and could affect the judge or jury’s decision.

How Your Attorney May Beat A Disorderly Conduct Charge

If you were charged with disorderly conduct in Mount Prospect, take the charges seriously. A conviction may result in jail time, fines, and a conviction will appear in background searches. However, with the help of your criminal defense attorney, it is possible to beat a disorderly conduct charge.

Potential defenses include believing that you filed an authentic report to the authorities, such as 911 services. Also, if the prosecutor cannot conclusively prove that your actions were disturbing or alarming because of insufficient evidence, they may have to drop the case.

You also could argue you were acting in self-defense or in defense of someone else. For example, a skilled criminal defense attorney can defend even public intoxication and driving under the influence to beat disorderly conduct charges. Also, if you had a medical issue or were under the influence of prescription medication, these might be valid defenses.

In addition, if you were drunk and out of order at your home or a friend’s home, you typically cannot be charged with disorderly conduct; the law states that the crime must occur in a public place. Further, the first amendment protects our freedom of speech, so if you are charged for saying something or acting in a way that alarms others, you could make a freedom of speech argument.

Contact Our Mount Prospect Disorderly Conduct Attorneys

Were you charged with disorderly conduct in Mount Prospect or elsewhere in the Chicagoland region? The disorderly conduct statute is confusing, and you may feel anxious about your future. Having a disorderly conduct conviction on your record can affect your future. Please contact our Mount Prospect disorderly conduct attorneys at Villadonga & Villadonga today at 847-298-5740 for a consultation.