Potential Defenses to Illinois Disorderly Conduct Charges

 Posted on March 23,2016 in DUI/DWI

Disrupting the peace or posing a threat to public safety is often the grounds for a disorderly conduct arrest under 720 ILCS 5/26-1. However,there are plenty of good reasons why you might have acted or behaved the way that you did—actionswhichmay serve as a defense to disorderly conduct charges.

If you are facing disorderly conduct charges, but believe that you have a defense that justifies your actions, you should discuss your particular case with an experienced criminal defense lawyer.

Potential Defenses to Disorderly Conduct Charges in Illinois

There are four main defenses to disorderly conduct criminal charges. These defenses include:

1. Exercising Your First Amendment Right to Free Speech. Some people who are very passionate about speaking out on an issue that is important to them have been charged with disorderly conduct, when the truth of the matter is that the defendant was merely exercising his or her First Amendment right to freedom of speech. Not all topics that are discussed openly in public are accepted by everyone. Yet nonetheless, people have the right to talk about controversial topics in public.
2. You Acted in Self-Defense.Various criminal defendants find themselves facing disorderly conduct charges after getting into a fight or altercation in public. However, the reason for fighting maybe a good one, such as acting in self-defense. All too often, people get into brawls while out at abar or while socializing. Afight can get out of hand, and can pose danger to others who are nearby. Additionally, police are often called. Self-defense is a very specific defense and the criminal defendant’s actions must correspond to the legal requirements for a self-defense claim.
3. You Acted in the Defense of Another. In certainsituations, acting out in the defense of another is a good defense to disorderly conduct charges. However, for this defense to work, there are very specific legal requirements that must be satisfied by the facts. An experienced criminal defense lawyer can inform you as to when defense of another is a good defense to disorderly conduct charges.
4. You Were the Victim of Outrageous Police Conduct or Entrapment. Very infrequently, a criminal defendant might stand falsely accused of disorderly conduct, due to the actions of law enforcement. Perhaps the law enforcement officer making the arrest exaggerated his or her accusations about your conduct, or maybe you were acting in accordance to instructions you received from law enforcement, and then you find yourself charged with disorderly conduct. Going up against the police is a tough fight, but if it is the truth then it is a good defense to disorderly conduct charges.

Contact Us for Help

There are plenty of good and valid defenses to disorderly conduct charges. If you are facing disorderly conduct charges, an experienced disorderly conduct lawyer should be able to help you identify any possible defenses you might have. Please do not hesitate to contact a dedicated Rolling Meadows criminal defenseattorney at our office. Our attorneys are prepared to advocate on your behalf immediately.

Source:

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