Understanding Chicago Disorderly Conduct Charges
Have you or someone you know been charged with disorderly conduct in Chicago? It‘s a common charge that can arise from a wide range of behaviors. But what exactly does it mean and what should you do if you find yourself in this situation? Let’s break it down.
What is Disorderly Conduct in Chicago?
Under the Chicago Municipal Code, disorderly conduct is defined pretty broadly. It can include things like:
- Making unreasonable noise
- Engaging in fighting or threatening behavior
- Failing to disperse when ordered by police
- Appearing in public under the influence of alcohol or drugs to the degree that you endanger yourself or others
- Harassing or intimidating others
- Disrupting a lawful assembly
- Peeping into windows or doors of private property
So as you can see, a lot of different actions could potentially lead to a disorderly conduct charge. The key is that the behavior has to be disruptive to the public in some way.
Penalties for Disorderly Conduct
In most cases, disorderly conduct is a misdemeanor offense in Chicago. If convicted, you could face:
- Up to 6 months in jail
- Fines up to $1,500
- Court-ordered community service
- Probation
However, certain types of disorderly conduct, like peeping or harassing 911 operators, can be charged as felonies with more severe penalties. It really depends on the specifics of what happened.
What to Do If You’re Charged
Okay, so let‘s say you or a loved one ends up getting arrested and charged with disorderly conduct in Chicago. What‘s your next move? Here are some steps to take:
- Stay calm and be polite. Getting angry or confrontational with the police will only make things worse. Comply with their orders but avoid admitting guilt or giving detailed statements before speaking to a lawyer.
- Contact an experienced criminal defense attorney ASAP. Look for someone who has handled a lot of disorderly conduct cases in Chicago specifically. They’ll know the local laws, prosecutors, and court procedures inside and out.
- Show up to all your court dates. Missing a hearing is a surefire way to get an arrest warrant issued, which will only compound your legal troubles. Your lawyer will make sure you know when and where you need to be.
- Discuss your defense strategy with your attorney. Were you wrongfully arrested? Is there evidence that disproves the allegations? Are there witnesses who can testify on your behalf? Your lawyer will help you weigh your options.
- Consider negotiating a plea deal. In some cases, it may be in your best interest to plead guilty to a lesser charge or to enter a diversion program to avoid jail time. But you should never accept a plea without your attorney’s advice and thorough review of the prosecution’s evidence first.
Defenses Against Disorderly Conduct Charges
Every case is different, but there are some common defenses that can work against disorderly conduct charges in Chicago:
Lack of Evidence
The burden of proof is on the prosecution. If they don‘t have sufficient evidence that you committed each element of the offense beyond a reasonable doubt, you should be acquitted. Your attorney’s job is to poke holes in their case.
Protected Speech
Sometimes disorderly conduct charges arise from things a person said that others found offensive or disruptive. But offensive speech is often protected by the First Amendment. If your attorney can show that your words were constitutionally protected, even if provocative, the charges should be dismissed.
Self-Defense
If you were charged based on fighting or violent behavior, you may have a valid self-defense claim. Under Illinois law, you‘re justified in using force when you reasonably believe it‘s necessary to defend yourself or others against an imminent unlawful threat. An experienced attorney can help gather evidence to support your self-defense argument.
Necessity
This is sort of the “I had to do it” defense. Necessity can be raised if you committed the alleged misconduct because it was the only way to prevent a greater harm. For example, if you trespassed on private property to rescue a child from a burning building. It‘s a difficult defense but can work in the right circumstances.
Involuntary Intoxication
Disorderly conduct is often charged when someone is drunk and acting belligerent in public. But what if you didn’t voluntarily get drunk? Maybe someone spiked your drink without your knowledge. Or maybe you had a bad reaction to a legally prescribed medication. Involuntary intoxication can be a defense if you can show you didn’t knowingly get intoxicated.
Real Life Examples
To give you a better sense of how disorderly conduct charges play out, let’s look at a couple hypothetical scenarios:
The Noisy Neighbor
John likes to practice with his garage band late at night. The neighbors are fed up with the noise and call the police. Officers arrive and order John to stop playing, but he refuses. They arrest him for disorderly conduct for violating the city’s noise ordinance.To defend against this charge, John‘s attorney might argue there’s insufficient evidence the noise was unreasonable under the circumstances. What’s the decibel level? How late was it really? Are there other neighbors who didn’t mind the music? Raising doubt about the elements of the offense is key.
The Bar Brawler
Sarah is at a crowded Chicago bar with friends. Another patron starts harassing her and won’t take no for an answer. When he tries to grope Sarah, she pushes him away forcefully, causing him to fall into a table and get cut by broken glass. The police are called and arrest Sarah for disorderly conduct and battery.Here, Sarah appears to have a strong self-defense claim. She used force to protect herself from the imminent threat of unlawful touching by the harasser. Her attorney would gather evidence to show her use of force was reasonable and justified under the circumstances. Witness statements, security camera footage, and medical records documenting the harasser’s intoxication and injuries could all be used to support self-defense.
Frequently Asked Questions
Let’s wrap up by addressing some common questions I hear about Chicago disorderly conduct:
What happens if I’m convicted?
The consequences of a conviction depend on the severity of the offense and your prior record. For a first-time misdemeanor, you may get court supervision and have to pay a fine or do community service. But jail time is a real possibility, especially for repeat offenders or felony charges. A conviction will also leave you with a criminal record that can impact housing and employment opportunities down the road.
