In Maine, disorderly conduct laws effectively make disturbing the peace a criminal offense.
While disorderly conduct is considered one of the least serious offenses under Maine’s Criminal Statutes, it can still result in a permanent criminal record and therefore needs to be taken seriously because of its potential long-term consequences.
Disorderly conduct charges may be filed against an individual for simply trying to enjoy themselves in public, provided that it disrupts other people. A lifelong criminal record is a high price to pay for this.
Read below to find out more about disorderly conduct and failure to disperse, which are often connected offenses.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Table of Contents
What is disorderly conduct in Maine?
In Maine, disorderly conduct is defined as “intentionally or recklessly” causing “annoyance to others” in public.
The offense must usually be committed in a public place (though 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
- Activating a device, or exposing a substance, that releases noxious and offensive odors, or
- Engaging in fighting (without being licensed 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 accosting, insulting, taunting, or challenging any person with offensive, derisive, or annoying words, or by gestures or other physical conduct.
- Making loud and unreasonable noise that can be heard by another person after having been ordered by a law enforcement officer to cease the noise.
- Knowingly accosting, insulting, taunting, or challenging any person in mourning and in attendance at a funeral, burial, or memorial service with unwanted, obtrusive communications, such as offensive, derisive, or annoying words, gestures, or other physical conduct.
What are the penalties for disorderly conduct in Maine?
Disorderly conduct is prosecuted as a Class E misdemeanor offense in Maine, which is the same classification as offenses such as operating on a suspended license and theft under $1,000.
Class E misdemeanor offenses are punishable by:
- Up to 180 days in jail and
- A maximum fine of $1,000
For a first offense, jail time should generally not be served and, depending on the precise circumstances, a seasoned criminal defense lawyer may be able to prevent a criminal record. It is generally advisable to discuss your situation with a lawyer as soon as you can after your arrest.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Is failure to disperse similar to disorderly conduct in Maine?
Several other misdemeanor crimes 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 are engaging in disorderly conduct that is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate area to disperse. Knowingly failing to comply with this order to disperse is a criminal offense in Maine.
These laws frequently clash with the freedom of speech and freedom of assembly rights, which are essential elements of citizens’ constitutional rights under the First Amendment.
When large crowds congregate and law enforcement are pressured into making quick decisions, mistakes happen, and many people are wrongfully arrested and charged with failure 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 a county jail and a fine of up to $2,000.
If you are charged with failure to disperse, seek immediate legal advice from an experienced criminal defense attorney in Maine.
Example of failure to disperse in Maine
If activists join a climate change demonstration and march into Portland to protest, but law enforcement orders that the group of protesters must break up and go home, protestors who remain there and fail to return home may be arrested and charged with failure to disperse.
How can a lawyer help with disorderly conduct or failure to disperse charges in Maine?
Even though a charge of disorderly conduct can result from simply enjoying yourself or expressing your views, the result could still be a criminal charge and conviction. It is important to defend your legal and constitutional rights and not simply accept the charge.
A criminal defense lawyer experienced in defending such misdemeanors can prevent jail time and serious consequences for your future, which could include problems with employment, accommodation, immigration status, travel, and more.
The criminal justice system in Maine can also be bewildering if you are attempting to navigate it for the first time, especially if you try to do so 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 not intentional or that there were mitigating circumstances. One’s state of mind is an important consideration for the court in such cases, and it helps to have someone who knows the relevant laws inside out to advocate for you.
Your chances of leniency from the prosecution improve if you have a clean criminal record and you are represented by an experienced professional.
Your defense attorney will also hold law enforcement accountable if officers made any mistakes when arresting and charging you. If so, this can result in your release and a case 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 outcomes:
- Case dismissal: 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 on the guilt or innocence of the defendant and a judge decides on the sentence if convicted.
Can disorderly conduct charges be expunged in Maine?
For Class E misdemeanors in Maine, it may be possible to apply for an expungement of the criminal record if the individual is under the age of 21.
With most other individuals a Class E misdemeanor conviction, it may be possible to apply for sealing of the record so that the information does not appear on standard background checks.
To obtain experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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