In Maine, disorderly conduct laws make disturbing the peace a criminal offense.
Although disturbing the peace is considered one of the least serious offenses under Maine’s criminal laws, it can still result in a permanent criminal record and should therefore be taken seriously due to its consequences. long-term potential.
Disorderly conduct charges can be brought against an individual simply for attempting to have fun in public, as long as it disrupts others. A lifetime criminal record is a high price to pay for that.
Read below to learn more about disorderly conduct and failure to disperse, which are often linked offenses.
What is disorderly conduct in Maine?
In Maine, disorderly conduct is defined as “intentionally or recklessly” causing “discomfort to others” in public.
The offense must generally be committed in a public place (although there are exceptions) and be intentional or reckless for disorderly conduct charges to be successfully prosecuted.
Examples of Disorderly Conduct
The criminal statutes further define the types of behavior that can be prosecuted under Maine’s disorderly conduct laws:
- Making loud and unreasonable noises
- Activate a device or expose a substance that emits foul and foul odors, or
- Engaging in combat (without being authorized or privileged to do so)
Sometimes disorderly conduct charges are filed against individuals whether or not their behavior occurs in public or private places. Examples include:
- Knowingly approach, insult, taunt or challenge any person with offensive, mocking or annoying words, or through gestures or other physical behavior.
- Making a loud, unreasonable noise that can be heard by another person after being ordered by a law enforcement officer to stop the noise.
- Knowingly approaching, insulting, taunting or challenging any person mourning and attending a funeral, burial or memorial service with unwanted and intrusive communications, such as offensive, mocking or annoying words, gestures or other physical behavior.
What are the penalties for disorderly conduct in Maine?
Disorderly conduct is prosecuted as a Class E misdemeanor in Maine, which is the same classification as offenses such as operating with a suspended license and theft under $1,000.
Class E offenses are punished by:
- Up to 180 days in prison and
- A maximum fine of $1,000
For a first offense, a prison sentence should generally not be served and, depending on the specific circumstances, an experienced criminal lawyer may be able to avoid a criminal record. It is generally advisable to discuss your situation with an attorney as soon as possible after your arrest..
Is failure to disperse similar to disorderly conduct in Maine?
Several other minor offenses are often considered related to disorderly conduct in Maine. Unlawful assembly and failure to disperse are two of these related crimes.
Failure to disperse laws state that when six or more people engage in disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and for other people in the immediate area to disperse. It is a criminal offense in Maine to knowingly fail to comply with this dispersal order.
These laws often conflict with the rights to free speech and free assembly, which are essential elements of citizens’ constitutional rights under the First Amendment.
When large crowds gather and law enforcement is forced to make quick decisions, mistakes happen and many people are wrongly arrested and charged for failing to disperse.
Failure to disperse is considered a Class D misdemeanor under Maine law and, therefore, a more serious offense than disorderly conduct. A conviction for failure to disperse can result in up to 364 days in county jail and a fine of up to $2,000.
If you are charged with failure to disperse, seek legal advice immediately from an experienced Maine criminal defense attorney.
Example of dispersal failure in Maine
If activists join a climate change protest and march to Portland to protest, but law enforcement orders the group of protesters to split up and go home, the protesters who stay put and do not return not at home can be arrested and accused of not having dispersed.
How can an attorney help with disorderly conduct or failure to disperse charges in Maine?
Although a disorderly conduct charge may result from simply having fun or expressing one’s opinions, the result could still be a criminal charge and conviction. It is important to defend your legal and constitutional rights and not just accept the accusations.
A criminal lawyer experienced in defending such crimes can avoid prison time and serious consequences for your future, which could include issues with employment, housing, immigration status, travel, and more.
Maine’s criminal justice system can also be confusing if you’re trying to navigate it for the first time, especially if you’re trying to do it alone.
Your criminal defense attorney may be able to negotiate with the district attorney’s office and present a strong argument that your actions were unintentional or that there were mitigating circumstances. One’s state of mind is an important consideration for the court in such cases, and it is helpful to have someone who is fully familiar with the relevant laws representing your interests.
Your chances of obtaining leniency from the prosecution improve if you have a clean criminal record and if you are represented by an experienced professional.
Your defense attorney will also hold law enforcement accountable if officers made mistakes during your arrest and charging. If this is the case, this may result in your release and dismissal.
Possible Outcomes for Disorderly Conduct and Failure to Disperse Charges in Maine
Disorderly conduct and failure to disperse charges can result in the following consequences:
- Dismissal of the case: The District Attorney dismisses the criminal charge in its entirety (the best possible outcome).
- Plea arrangement: The defendant agrees to plead guilty to a lesser (or different) charge for a lighter sentence or less severe consequences.
- Verdict: where a jury decides the guilt or innocence of the accused and a judge decides the sentence if found guilty.
Can disorderly conduct charges be expunged in Maine?
For class E misdemeanors in Maine, it may be possible to request criminal record expungement if the individual is under 21 years of age.
Since most other individuals have been convicted of Class E misdemeanors, it may be possible to request that the record be sealed so that the information does not show up during standard background checks.
For experienced legal help regarding any criminal charges, call the Maine Criminal Defense Group at 207-571-8146 for a first case evaluation.