In recent years, convictions for misdemeanor domestic violence crimes in Maine have increased as state prosecutors rigorously pursue cases.
This has led to harsher penalties for violators, making it even more essential to work on a credible defense if you have been wrongly accused of the offense.
By better understanding domestic violence, its penalties, the burden of proof for prosecution, and the possible defenses that can be asserted, you can better prepare for what lies ahead.
What is considered a domestic violence assault in Maine?
In Maine, a domestic violence assault is defined as an assault against another person in the same family or household, meaning the alleged victim and the alleged abuser have a defined relationship.
The two main considerations for this offense are the physical contact (assault) itself and the target of the contact.
Under Maine law, assault occurs when a person intentionally causes harm to another person or, more precisely, “intentionally, knowingly or recklessly causes.”[ing] bodily injury or offensive physical contact with another person.
The contact need not actually cause physical harm to the person. An assault charge may result from grabbing, pushing, shoving, or another type of offensive behavior.
Family or household members are defined by Maine law to include:
- Spouses
- Domestic partners (two single adults who live together in a long-term committed relationship)
- People who live together
- Biological parents of a child
- Minor children
- Anyone who is or has been a sexual partner
If the assault element is satisfied AND the complainant meets the definition of being in the same household or family, domestic violence assault charges can be filed against the accused.
Is domestic violence a misdemeanor or felony in Maine?
Most domestic violence assault cases are prosecuted as misdemeanors in Maine. Most often, the offense is treated as a Class D misdemeanor. However, even though it is a misdemeanor, it can have a significant impact on the future of anyone convicted of the offense.
If the offender has a prior conviction for any of the following offenses within the past 10 years, the charge may be upgraded to a Class C felony in Maine:
- A charge of domestic violence, including stalking, reckless driving, assault or otherwise
- Violation of a protection from abuse order
- Domestic violence offenses or crimes in another state
The penalties associated with felonies are considerably more severe than for misdemeanors.
What are the potential penalties for domestic violence in Maine?
If a person is convicted of a class D misdemeanor in Maine, the following penalties may apply:
- A maximum sentence of one year in prison
- A maximum fine of $2,000
- Up to two years of probation
- The obligation to follow a forty-eight-week educational intervention program for aggressors.
If a person is convicted of a Class C felony in Maine, the following penalties may apply:
- A maximum sentence of five years in prison
- A maximum fine of $5,000
- Up to two years of probation
Probation in domestic violence assault cases will typically require strict supervision and regular monitoring, as well as restrictions placed on alcohol consumption and contact with the victim(s).
The long-term consequences of a criminal record mean offenders can continue to pay the price for many years after serving their sentence – with employment restrictions, travel restrictions, immigration status issues , etc..
What are viable defenses against domestic violence in Maine?
If you are facing a domestic violence charge, the potentially serious consequences mean that one of your first calls should be to a criminal defense attorney. It is best not to tell law enforcement authorities too much before consulting an attorney. Invoke your right to remain silent, even if you think the accusations are false.
An attorney experienced in defending domestic violence and assault charges will carefully review the evidence against you. Depending on the findings and circumstances of your case, one of the following defenses may be applied:
No assault or anyone else did it
Sometimes the alleged perpetrator of an attack is wrongly accused. This can be for many reasons, but your attorney will need to establish a credible alibi (if the victim was in fact assaulted) or prove that an assault never occurred or was carried out by someone else.
If there is no evidence that you were at the scene of the alleged assault or that an assault has already occurred, this may be a strong defense.
It was an accident
If it is accepted that the plaintiff suffered injuries, a viable defense may be that those injuries were caused by an accident rather than intentionally.
To support this, evidence must be provided to support the claim that an accident caused the injuries. Remember, assault does not have to be intentional to result in a conviction, as it is defined as “intentionally, knowingly, or recklessly” injuring another person. Therefore, reckless actions that result in an accident that causes injury can still be classified as assault.
Self defense
Self-defense may be a valid claim if you were protecting yourself or your children at the time of the alleged assault.
If the police report shows that the complainant used violence or you can demonstrate defensive injuries, this may strengthen a claim of self-defense. Otherwise, other supporting documents will be necessary.
Violation of constitutional rights
Your constitutional rights are set in stone in the United States and to obtain a conviction, the prosecution must prove that you committed the crime beyond a reasonable doubt.
Often the police make mistakes during their investigation. If your rights have been violated, considerable doubt may be cast on the evidence against you and the case may be dismissed.
Violations of constitutional rights can occur when police gather evidence, question or interrogate suspects, or if they refuse certain requests, such as a request to speak to an attorney.
How your criminal defense attorney gathers evidence and presents defense arguments will determine whether you will face the harsh penalties for domestic violence assault or whether you will avoid the worst consequences of a conviction.
If you need to defend domestic violence assault charges in Maine, call the Maine Criminal Defense Group at 207-571-8146 for assistance.