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Aurora Disorderly Conduct Defense Attorney

Have you been charged with Criminal Disorderly Conduct?

Illinois Disorderly Conduct laws are designed to maintain order and to punish certain types of behavior. Disorderly conduct is when an individual, "Does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace." This Illinois Statute is purposefully vague and used to criminalize any behavior that does not fall under other criminal statutes. In a sense, it is a "Catch-all" type of criminal offense. Disorderly Conduct offenses can come in many different forms and will have varying consequences based on the facts and circumstances of the offense. The penalties for different types of Disorderly Conduct crimes are based on the act committed or the transmission of false information to the fire department or law enforcement.

The applicable Illinois statute is 720 ILCS 5/26-1 which states in part:

A person commits the offense of Disorderly Conduct when he knowingly:

(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

Penalty: Class C misdemeanor, which is punishable by up to 30 days in the County Jail with fines and cost of $1,500.00 or both. Further, there is a mandatory minimum sentence of 30 hours of community service if you are found guilty or plead guilty to this offense.

(2) 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

Penalty: Class 4 Felony, which is punishable by up to 1 - 3 years in the Illinois Department of Corrections with fines and cost of $25,000.00 or both.

(3) 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

Penalty: Class 3 Felony, which is punishable by up to 2 - 5 years in the Illinois Department of Corrections with fines and cost of not less than $3,000.00 nor more than $10,000.00.

(4) 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

Penalty: Class 4 Felony, which is punishable by up to 1 - 3 years in the Illinois Department of Corrections with fines and cost of $25,000.00 or both.

(5) 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"

Penalty: Class A misdemeanor, which is punishable by up to 364 days in the County Jail with fines and cost of $2,500.00 or both. Further, there is a mandatory minimum sentence of 30 hours of community service if you are found guilty or plead guilty to this offense.

I have listed only paragraphs one through five of the Illinois Statute, because they are the most common types of Disorderly Conduct offenses. To view the entire statute, click here:

As you can see, our Illinois legislature has prescribed varying penalties, with the more severe penalties aimed towards false transmissions to the Fire Department or Law Enforcement. If you are found guilty of Felony Disorderly Conduct, Prosecutors may ask for harsher sentencing if your act caused an "Emergency Response" from firefighters or police officers. Further, you will also be required to pay for the costs and fees associated with this "Emergency Response."

Because of the wide variety of penalties and consequences for the varying types of Disorderly Conduct cases, your sentences may also vary widely if you are found guilty. If you are eligible for Probation, the Presiding Judge in your case can sentence you to a period of Probation, Counseling, and Public Service Work. Additionally, if you are not a citizen of the United States, a conviction for Felony Disorderly Conduct can lead to your deportation.

Defenses to Disorderly Conduct Offenses in Illinois

In order to prepare a defense to charge of Disorderly Conduct, an experienced Criminal Defense Attorney will analyze the evidence that the Prosecutor will use to prove their case. There will be certain types of evidence that will determine the strength of the Prosecution's case such as:

  1. Photographs or Video of the alleged Disorderly Conduct.
  2. Police Reports of the Investigating Officers who arrived on scene..
  3. 911 recordings made at the time of the incident.
  4. Any written or verbal statements made by the accused.
  5. Any witness statements from individuals that are not from the alleged victim.
  6. Availability of Complaining Witnesses.

Further, a legal or factual analysis will determine issues such as:

  1. Was the alleged Disorderly Conduct, "Knowingly" committed?
  2. Did the act in question alarm or disturb another?
  3. Did the act in question provoke a breach of the peace?

In some instances, some counties offer a Diversion program, in which you may be required to perform community service work and pay all associated costs and fees in exchange for a dismissal of your Criminal Disorderly Conduct charge. If this type of Diversion program is not available, an experienced Criminal Defense Attorney may be able to have your charges dismissed or reduced based on a lack of evidence. If trial is the only option, the Prosecutor needs to be able prove that you "knowingly did any act in such an unreasonable manner as to alarm or disturb another and provoked a breach of the peace."

In addition, if the complaining witness is not available to testify, your case may be dismissed, because you have an absolute right to confront your accuser. Finally, the Prosecutor has the ultimate burden of proving your case "Beyond a Reasonable Doubt," and must convince a Judge or a Jury that they have met that burden before you can be found guilty of Criminal Disorderly Conduct.

Contact an Aurora Criminal Disorderly Conduct Defense Attorney

Criminal Disorderly Conduct can be a very serious criminal offense, one that should not be taken lightly. The public policy behind the harsh sentences for Disorderly Conduct, is to prohibit "False Alarms" and to maintain civil order. A conviction for Criminal Disorderly Conduct can also carry with it very serious consequences, and can irreparably damage your reputation and employment opportunities. I can provide you with advice on how to address your pending Criminal Disorderly Conduct case and can provide you with a plan to protect your freedom and your future. I understand the value of your freedom and the importance of your reputation and I will use my knowledge and experience to secure the best possible results in your case.

To contact a Criminal Disorderly Conduct Defense Attorney at the Law Offices of David Lee, Please call:

(630) 901-8700

The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties

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