Mob Action Criminal Charges
Mob action charges may be appropriate where at least two individuals work together to commit a crime. Depending on the circumstances, an individual arrested for mob action may be facing misdemeanor or felony charges. Penalties for mob action charges range from fines to prison sentences. If you have been charged with mob action, it is important to speak with an experienced Illinois criminal defense attorney as soon as possible to ensure your legal rights are protected.
Attorney David L. Freidberg has more than 20 years of legal experience and has represented clients in numerous charges, including those for mob action. In some cases, a reduction or dismissal of charges is possible. Mr. Freidberg is experienced in both conducting trials and in negotiating plea bargains on behalf of his clients. He works diligently to ensure that he obtains the best results possible for his clients.What are mob action charges?
According to 720 ILCS 5/25-1 Mob action charges may be filed against someone in several different situations. For example, mob action charges are appropriate if someone:
- Knowingly or recklessly uses force of violence, disturbing the public peace, with at least one other individual;
- Knowingly assembles with at least one other person with the intent to commit (or to encourage the commission) of a crime, either a felony or a misdemeanor;
- Knowingly assembles with at least one other person to commit a violent act against someone (or that person’s property) who has been accused of a crime.
Clearly, a mob action criminal charge is a broad term. A criminal charge of mob action may apply to a group of individuals who have gathered to prepare to commit a crime (such as breaking into a house) and it also may apply to a group of individuals who actually commit a crime together.What are the penalties in Illinois for mob action charges?
The penalties for mob action vary depending on the facts of the case and the accused’s criminal record. If the accused individual has a lengthy criminal record, the penalties for mob action charges are more severe. Additionally, if the individuals accused of mob action participated in a violent crime, the penalties are harsher.
Specifically, the penalties for mob action are as follows:
- If an individual is convicted of knowingly or recklessly using force of violence, disturbing the public peace with at least one other individual, the crime is a Class 4 felony. In Illinois, Class 4 felonies are punishable by between 1 and 3 years in prison and up to a $25,000 fine.
- If an individual is convicted of knowingly assembling with at least one other person with the intent to commit (or to encourage the commission) of a felony or misdemeanor crime, the crime is a Class C misdemeanor. Class C misdemeanors carry up to 30 days in jail and fines of up to $1500.
- If an individual is convicted of knowingly assembling with at least one other person to commit a violent act against someone (or that individual’s property) who has been accused of a crime, the charge is also a Class C misdemeanor. Again, Class C misdemeanors are punishable by fines of up to $1500 and a maximum sentence of 30 days in jail.
If an act of violence was committed during the crime, causing injury to the victim or the victim’s property, the crime is a Class 4 felony, punishable by between 1 and 3 years in prison and a fine of up to $25,000.
If an individual is apprehended during the commission of a mob action crime and does not withdraw at a peace officer’s order, the crime is a Class A misdemeanor. Class A misdemeanors are punishable by up to a year in jail and a fine of no more than $2500.
In many cases, harsher punishments are issued if the crime was organized through social media, such as Facebook or messaging apps. Additionally, those who text each other to organize mob action crimes may also face more severe penalties.
Community service may also be ordered in a misdemeanor mob action case.Those accused of mob action are often charged with other crimes in Illinois
Although it is possible, mob action charges are usually not the only ones filed against an individual.
For example, if a violent crime was committed, the accused may also face assault and battery charges.
If the accused was planning a crime, conspiracy charges may be filed in addition to mob action charges. Further, if the individual was seeking the assistance of someone else to commit a crime, solicitation charges may also be filed.
The number and nature of additional charges vary depending on the circumstances of the crime committed. An individual may easily face multiple charges that stem from a single incident.Defenses to Illinois mob action charges There are several defenses that may be raised in mob action cases. Specifically,
Prosecutors must prove every element of a crime for charges to proceed against the accused. If the prosecution cannot prove all of the elements of the crime, the charges must be reduced or dismissed.
First, crimes require a certain level of culpability. Many mob action crimes require that the accused acted knowingly. If someone truly did not know that a group of individuals was meeting to commit a crime, mob action charges should be dismissed.
Additionally, if the accused’s constitutional rights were violated, it may be possible to have the charges reduced or dismissed. For example, if a search resulted in evidence that was used to bring mob action charges, the search must have been legal. Most searches require a warrant or consent.
Experienced Chicago criminal defense attorneys are able to examine both the circumstances of the arrest and the evidence presented to determine what defenses are plausible in the case.Call the Law Offices of David L. Freidberg, P.C. today.
Our legal team is experienced in various types of criminal claims and works hard to ensure our clients’ legal rights are thoroughly protected. To schedule your free consultation with our firm, call 312-560-7100 or contact us to learn more about how Attorney David L. Freidberg can help you today! We are available 24/7 for your assistance.