Disorderly Conduct Sentencing in Illinois

Full question:

I wanted a bully to stop hurting my 10 year old daughter, can not talk to the guardian since there was no other place to put it, I made a mistake and put a letter in the mail box..long story i was arrested that night for disorderly conduct.... I am broke and nervous on what to do can you help?? Do I need a lawyer , the police said not to worry just go and tell story and probably pay a fine, if i got a fine what could i expect?

• Category: Criminal
• Date: 04/07/2025
• State: Illinois

Answer:

Sentencing depends on the facts in each case and offender history. It may be possible to get a free consultation with a local attorney. While the fine and sentence may be minimal, it is often advantageous to have legal representation. Most typical disorderly conduct charges are categorized as a Class C Misdemeanor, which has maximum penalties of up to 30 days in jail and a $1500 fine.

However, some can be more serious misdemeanors of felony charges, particularly if the charges involve disrupting public safety functions, or if you have previous convictions for disorderly conduct.

Please see the following statute for applicability:

720 ILCS 5/26-1 (from Ch. 38, par. 26-1)

Sec. 26-1. Elements of the Offense.

(a) A person commits 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

(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; or

(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

(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

(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; or

(6) While acting as a collection agency as defined in the
"Collection Agency Act" or as an employee of such collection
agency, and while attempting to collect an alleged debt,
makes a telephone call to the alleged debtor which is
designed to harass, annoy or intimidate the alleged debtor;
or

(7) Transmits or causes to be transmitted a false report to
the Department of Children and Family Services under
Section 4 of the "Abused and Neglected Child Reporting Act"; or

(8) Transmits or causes to be transmitted a false report to
the Department of Public Health under the Nursing Home Care
Act; or

(9) Transmits or causes to be transmitted in any manner 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 such
assistance is required; or

(10) Transmits or causes to be transmitted a false report
under Article II of "An Act in relation to victims of
violence and abuse", approved September 16, 1984, as
amended; or

(11) Transmits or causes to be transmitted a false report to
any public safety agency without the reasonable grounds
necessary to believe that transmitting such a report is
necessary for the safety and welfare of the public; or

(12) Calls the number "911" 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.

(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of
subsection (a)(5), (a)(11), or (a)(12) of this Section is a Class A
misdemeanor. A violation of subsection (a)(8) or (a)(10) of
this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this
Section is a Class 4 felony. A violation of subsection (a)(3) of
this Section is a Class 3 felony, for which a fine of not
less than $3,000 and no more than $10,000 shall be assessed
in addition to any other penalty imposed.

A violation of subsection (a)(6) of this Section is a
Business Offense and shall be punished by a fine not to
exceed $3,000. A second or subsequent violation of
subsection (a)(7), (a)(11), or (a)(12) of this Section is a
Class 4 felony. A third or subsequent violation of
subsection (a)(5) of this Section is a Class 4 felony.

(c) In addition to any other sentence 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, if community service is available in
the jurisdiction and is funded and approved 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.