People v. Campbell, 2019 IL App (1st) 161640 (April). Episode 630 (Duration 11:07)
Court is not insensitive to claims of “dropsy” testimony and “testilying.”
[Read more…]What Is The Fifth Amendment?
The 5th Amendment is a part of the U.S. constitution.
The Rights of the Fifth Amendment
The Fifth Amendment to the United States Constitution establishes several rights for criminal defendants or those who stand accused of committing a crime.
[Read more…]April 2019 Speed Round (The Illinois Criminal Case Law Round Up)
This is the April 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 624 (Duration 26:35)
[Read more…]3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search
People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36)
A strong indication from the 3rd district on what the smell of weed means for a car search.
[Read more…]Mob Action Illinois Felony Offense
In Illinois the offense of mob action is the lowest level felony a person could be charged with. The exact language in the criminal code says that:
“A person commits mob action when he or she engages in any of the following:
(1) the knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law;”
Mob Action Felony Sentencing
Disturbing the public peace under § (a)(1) is a Class 4 Felony. See 720 ILCS 25-1(b). See also § (b)(3) which says that,
“A participant in a mob action that by violence inflicts injury to the person or property of another commits a Class 4 felony.”
Mob action is punishable between 1 to 3 years in prison, but see the chart below for extended term numbers when applicable:
| Class | Sentencing Range | Extended Term (if eligible) |
|---|---|---|
| Class M | 20-60 years | 60-100 years |
| Class X | 6-30 years | 30-60 years |
| Class 1 | 4-15 year | 15-30 years |
| Class 2 | 3-7 years | 7-14 years |
| Class 3 | 2-5 years | 5-10 years |
| Class 4 | 1-3 years | 3-6 years |
Mob Action Misdemeanor Offense
Mob action can also be charged as a misdemeanor offense. The code says that:
“A person commits mob action when he or she engages in any of the following:
(2) the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or
(3) the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.”
Mob action under § (a)(2) and (a)(3) (knowing assembly of 2 or more persons) is a Class C Misdemeanor. See 720 ILCS 25-1(b). This means misdemeanor mob action is punishable to up to 30 days in jail. See the chart below for the maximum fine that can be imposed:
| Class | Penalty Range | Maximum Fine |
|---|---|---|
| A | less than 1 year | not to exceed $2,500 |
| B | not more than 6 mths | not to exceed $1,500 |
| C | not more than 30 days | not to exceed $1,500 |
Police Power To Dispurse
There is a provision in the mob action code that give police the power to break-up and dispurse an unlawful mob. Any person who does not leave when ordered to can be arrested.
See 720 ILCS 5/25-1(b)(4), which say:
“A participant in a mob action who does not withdraw when commanded to do so by a peace officer commits a Class A misdemeanor.
See also People v. Nash, 173 Ill.2d 423 (1996) (case dealing with the sufficiency of the evidence needed to convict on a mob action)
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