Defenses to Disorderly Conduct

 Posted on January 22, 2019 in Disorderly conduct

Disorderly conduct can seem like a minor crime, and the circumstances leading up to it can seem quite innocent as well. If convicted though, an individual can face harsh penalties, including jail time. It is for this reason that anyone charged with disorderly conduct needs to speak to a criminal defense lawyer in Rolling Meadows as soon as possible. There are defenses available, and an attorney will use them to give defendants the best chance of having the charges dropped or reduced.

Disorderly Conduct in Illinois

The Illinois Statute pertaining to disorderly conduct is found at 720 ILCS 5/26-1. It outlines a number of behaviors that are considered disorderly conduct. These include:

• Breaching the peace;
• False fire alarms;
• Reporting a false bomb threat;
• Threats of violence or destruction in a school or on school property;
• Falsely reporting a crime;
• Phoning 911 without reason;
• Falsely reporting to the Department of Children and Family Services;
• Falsely reporting a nursing home, mental home, or other facility for abuse or neglect;
• Requesting an ambulance when one was not needed;
• Falsely reporting violence;
• Invasions of privacy/‘Peeping Tom’; and
• Harassment by a collection agency.

The penalties sentenced for disorderly conduct will vary, depending on the specific crime that was committed. However, all those convicted will be required to perform between 30 and 120 hours of community service.

Defenses to Disorderly Conduct

For those charged with disorderly conduct, having a solid defense is critical. Even when there is no jail time sentenced, students can lose scholarships and those convicted will have a permanent criminal record. Fortunately, there are several defenses available.

The First Amendment guarantees a person’s right to speak freely. As long as the speech was not obscene, defamation, perjury, fighting words, or any other type of illegal speech, speech is generally protected. This is often used as a defense to disorderly conduct.

If there was no disruption of peace, there is often no disorderly conduct. When someone acts peacefully and legally, they cannot be charged or convicted of disorderly conduct. Even boisterous actions may not be considered disorderly conduct as long as the person charged was not disrupting or interfering with anyone else.

Private property is also often protected by the law. Legally speaking, disorderly conduct generally requires for the actions to be taken in a public place. When a person is on private property and acting in a legal manner, even if that manner is boisterous, they cannot be charged with disorderly conduct.

Contact a Criminal Defense Attorney in Rolling Meadows

Disorderly conduct may not sound like a serious crime, but the penalties can be harsh. Those convicted may even face up to one year in jail. If you have been charged with disorderly conduct, it is important that you speak to a skilled Rolling Meadows disorderly conduct lawyer as soon as possible. An attorney can help you build a defense that can get the charges dropped so you can move on with your life. Do not wait another minute. Contact the Law Offices of Christopher M. Cosley today at (847) 394-3200 for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=73600000&SeqEnd=74600000