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Disorderly Conduct

DISORDERLY CONDUCT

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL DISORDELY CONDUCT DEFENSE

The relevant law can be found at 720 ILCS 5/26-1

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K26-1


Definitions and Penalties:

You commit disorderly conduct when you intentionally perform any act in such unreasonable manner so that you scare or disturb another and to provoke a breach of the peace. For an act fitting that definition and not covered in the elaborations below, it is a Class C misdemeanor carrying a maximum jail sentence of 30 days and/or a fine of up to $1,500. There is also a potential two-year probation period.

The other definitions and penalties here are as follows:

  • Sending or causing to be sent to the fire department a false alarm of fire, knowing when you did so there is no reason for believing that the fire exists. This particular action is a Class 4 felony with a minimum sentence of one to three years with a possible extended term of three to six years, with a probation term instead of up to thirty months and a possible $25,000 fine.
  • Sending or causing to be sent a false alarm that a bomb or a container with poison gas, or a lethal contaminant, or radioactive material is hidden somewhere such that the explosion or release of material would endanger human life while knowing then that there is no reason to believe that the bomb or a container with lethal material is there. This ranks as a Class 3 felony, for which an incarceration period of two to five years may be imposed (five to ten years if an extended term) with a possible probation period instead of up to thirty months and a possible fine of up to $25,000.
  • Sending or causing to be sent a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session. This particular form of disorderly conduct is a Class 4 felony with a sentence of one to three years with a possible extended term of three to six years), or a probation term of up to thirty months and also a possible $25,000 fine.
  • Sending or causing to be sent 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 the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed. This is a Class 4 felony with a minimum sentence of one to three years with a possible extended term of three to six years, with a probation term instead possible of up to thirty months and a $25,000 fine.
  • Sending or causing to be sent a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public. This is a Class A misdemeanor with a penalty of up to 364 days of incarceration (or up to two years’ probation) and a fine of up to $2500. A second or subsequent violation here is a Class 4 felony.
  • Calling 911 or sending or causing to be sent to a public safety agency for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency. This is a Class 4 felony carrying a prison sentence of one to three years (three to six if an extended sentence) with a possible probation period instead of thirty months, and a possible fine of $25,000.
  • Sending or causing to be sent a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act is a Class 4 felony carrying a prison sentence of one to three years (three to six if an extended sentence) with a possible probation period instead of thirty months, and a possible fine of $25,000. A second or subsequent violation here is also a Class 4 felony.
  • Sending or causing to be sent a false report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act is a Class B misdemeanor which is punishable by up to six months in jail and a $1,500 fine. Two years of probation is also possible instead of incarceration. 
  • Sending or causing to be sent to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required is a Class 4 felony with a prison sentence of one to three years (three to six years if an extended sentence) or thirty months’ probation instead, and a possible $25,000 fine.
  • Sending or causing to be sent a false report under Article II of Public Act 83-1432 is a Class B misdemeanor which is punishable by up to six months in jail (or a probation period of up to two years), with a probation period of two years also possible, and a $1,500 fine.
  •  Entering upon the property of another and for a lewd or unlawful purpose deliberately looking into a dwelling on the property through any window or other opening in is a Class A misdemeanor carrying a penalty of up to 364 days in jail (or two years’ probation) and a $2500 fine. A second or subsequent violation here is a Class 4 felony with a prison sentence of one two three years (three to six years if an extended sentence) or thirty months’ probation, and a possible $25,000 fine. 
  • While acting as a collection agency as defined in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, making a telephone call to the alleged debtor designed to harass, annoy, or intimidate the alleged debtor This is a business offense punishable by a fine of up to $3,000.


 In addition to any of the above sentences that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours. Such potential service is conditional on community service being available, funded, and approved in the jurisdiction by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.


This subsection does not apply when the court imposes a sentence of incarceration or jail time.


How we can defend you against a disorderly conduct charge

This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of fines and/or foregone income. It is worth it, and you deserve a good defense.

 

Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.

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