In Maine, there are different classifications of crimes that range from Class E misdemeanors to Class A felonies.  Crimes of violence can fall within any of those classifications and potential consequences for a conviction range the entire gamut.  It is extremely important to contact an attorney immediately following contact with law enforcement.  Oftentimes a charge or conviction can be averted if an attorney gets involved early enough.

Murder

A person is guilty of murder if he or she knowingly or intentionally causes the death of another human being.  Murder is punishable by a prison sentence of 25 years to life.  Maine is not a death penalty state.  The death penalty in Maine was abolished in 1887.

Manslaughter

A person is guilty of manslaughter if that person recklessly or with criminal negligence, causes the death of another human being.  Oftentimes, manslaughter cases involve the use of alcohol or drugs.  While self intoxication is a complete defense to murder, it is no defense to manslaughter.  Most DUI cases involving fatalities are charged as manslaughter.  Manslaughter is a class A crime punishable by up to 30 years in prison.

Assault

Title 17-A of the Maine criminal code states that a person is guilty of assault if that person intentionally, knowingly or recklessly causes bodily harm or offensive physical contact to another person. Most assaults that don’t involve serious bodily injury are class D misdemeanors.  Assault encompasses contact such as pushing, striking or laying your hands on a person.  For example, if you are out at a night club and you put your hands on a woman’s breasts, that would constitute an assault, even though you didn’t cause bodily harm because the contact is obviously physical and offensive.

If the assault involves a minor child or it involves serious bodily injury, the assault can be charged as a felony known as Aggravated assault.  An aggravated assault can carry penalties of up to 10 years in prison and a fine of up to $10,000.00 depending on the level felony charged.

Criminal Threatening

A person is guilty of criminal threatening if he knowingly or intentionally places a person in fear of imminent bodily injury.  Often I see charges of criminal threatening along with assault charges as most people say things such as “I’m going to kill you” immediately before starting a fight with another person.  Criminal Threatening is a class D crime and carries maximum penalties of 364 days in jail and a fine of $2,000.00.

Terrorizing

Maine defines terrorizing as communicating to any person a threat to commit or to cause to be committed a crime of violence dangerous to human life, against the person to whom the communication is made or another, and the natural and probable consequence of such a threat, whether or not such consequence in fact occurs, is to place the person to whom the threat is communicated or the person threatened in reasonable fear that the crime will be committed. Violation of this paragraph is a Class D crime and carries a maximum penalty of 364 days jail and a fine of $2,000.00.

Stalking

In Maine, a person is guilty of stalking if that person intentionally or knowingly engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person:

(1) To suffer serious inconvenience or emotional distress;
(2) To fear bodily injury or to fear bodily injury to a close relation;
(3) To fear death or to fear the death of a close relation;
(4) To fear damage or destruction to or tampering with property; or
(5) To fear injury to or the death of an animal owned by or in the possession and control of that specific person

Stalking is often charged as a crime of domestic violence as it usually involves an ex-boyfriend/girlfriend who is stalking the former paramour.  A course of conduct is defined as 2 or more acts, including but not limited to acts in which the actor, by any action, method, device or means, directly or indirectly follows, monitors, tracks, observes, surveils, threatens, harasses or communicates to or about a person or interferes with a person’s property. “Course of conduct” also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information.

Stalking is a class D offense and carries a maximum penalty of 364 days jail and a fine of $2,000.00.  If the person accused of stalking has 2 or more prior convictions, the offense is a class C felony which carries a maximum penalty of 5 years prison and a fine of $5,000.00.

Reckless Conduct

Reckless conduct is a rather generic offense.  Maine defines reckless conduct as a person who recklessly creates a substantial risk of serious bodily injury to another person.  Reckless conduct is a class D offense and carries a maximum penalty of 364 days jail and a $2,000.00 fine.

If the conduct involves a motor vehicle, a suspension of one (1) year applies.  In addition, if a motor vehicle was used in the crime and injuries occurred, it is a class C felony which carries a maximum penalty of 364 days jail and a $2,000.00 fine.