Defense of the charges of domestic violence from Maine
Being accused of domestic violence in Maine is a serious legal issue with consequences that may have an impact on your freedom, your reputation and your future. Whether allegation implies a spouse, a partner or a family member, the legal system deals with domestic violence affairs with urgency and gravity.
At Maine Criminal Defense Group, we understand what is at stake. Our experienced criminal defense lawyers strive to build solid strategic defenses adapted to the specific facts of your case. In this article, we explore some of the most effective legal defenses to the accusations of domestic violence in Maine – and how good strategy can help protect your rights and your future.
What is domestic violence in Maine?
Title 17-A ยง207-A of the Maine Criminal Code provides the definition of domestic violence in Maine. These are abuses directed against a “family or cleaning member” or “meeting partner”, which includes:
- Current or old spouses
- Parents of the same child
- Adult household members
- Minor children, and
- Individuals living together or who are / were in sexual relation
Anyone accused of domestic violence can be accused of criminal offenses such as assault, criminal threats, terrorization, harassment, reckless conduct or violations of protective orders.
Common false ideas concerning domestic violence
A popular false idea on domestic violence is that abuses are physical. Physical violence is the type most often reported to the authorities (including strike, slaps, punch or the use of a weapon), but it can also be emotional, psychological or even financial.
Domestic violence encompasses threats of violence or intimidation – and even to harm pets – so it understands a much wider range of abusive behavior in a domestic context than most people think.
Another false common idea is that no one claims domestic violence if it were not true. Clear evidence of abuse can be rare and the cases often depend on the credibility of the accusations, but misunderstandings and unjustified accusations are relatively common. Even false accusations may have an impact unfairly on lives and relationships.
Another false idea is that once a report of domestic violence has been filed, the complainant can abandon the accusations. This is not the case, because only the district prosecutor’s office can choose to drop charges against an accused of domestic violence.
Potential consequences of a condemnation for domestic violence in Maine
Sanctions for domestic violence offenses are very specific to a case. The same offense in two separate cases could lead to different sanctions on the basis of circumstances. The following penalty guidelines are generally detained:
Delinquent penalties for the first time
Most of the first offenses to domestic violence are considered to be class D crimes (crimes) in Maine and are liable by:
- A maximum of one year (364 days) in prison
- A maximum of $ 2,000 in fines
- Compulsory probation
- Completion of a “certified intervention program”
Delinquents’ penalties for the second time
The second crimes of domestic violence are generally charged like class C crimes, which are crimes in Maine. This applies that the underlying offense would normally be considered a crime – another reason to avoid a conviction for any accusation of domestic violence.
The following sanctions apply:
- A maximum of five years in prison
- A maximum of $ 5,000 in fines
- Compulsory probation
- Completion of a “certified intervention program”
Note that some very serious domestic violence offenses can be classified as class B crimes, which bear a maximum sentence of 10 years and a maximum financial penalty of $ 10,000.
Better strategy to defend an accusation of domestic violence
If you are arrested and accused of an offense on domestic violence in Maine, your priority should be to request the representation of a criminal defending lawyer with experience in the defense of such cases.
Your lawyer will protect your rights. For example, the exercise of your right to remain silent should apply most of the time during the initial interrogation by the police. Your rights concerning the deposit and the prior release to the trial will also be explained.
A criminal defense lawyer will also provide legal advice, will help you to navigate the legal procedures facing defendants and to discuss a viable defense strategy.
Together, you will work on the collection of evidence and documentation to support the defense strategy. This may include photographs, text messages, emails, newspaper entries, witness declarations, etc.
The defenses of domestic violence are generally based on one of the following arguments:
Self -defense or defense of others
The self -defense argument requires demonstrating that your actions have been taken to protect you or protect others from imminent damage or bodily injuries. However, this defense will only succeed if you can prove the following elements:
- Reasonable beliefof an immediate threat of harm to you or someone else
- Proportional responseto the perceived threat
- Lack of assaultor provocation of the situation
These elements must be supported by sufficient evidence, such as testimonies, photographs, medical records, etc.
False allegations
This defense strategy generally consists in contradicting the accuser’s account and presenting evidence to support the affirmations that history has been manufactured or that the accuser is motivated by revenge or jealousy (sometimes to obtain a lever effect in a divorce or guard dispute).
Erroneous identity
The erroneous identity is a valid defense but rarely used in affairs of domestic violence in Maine. The error can be intentional or involuntary. To present this defense, a viable alibi or other evidence (for example, video surveillance images) must normally be presented to the court.
Lack of evidence
Depending on the strength of the case against a defendant, a lack of evidence can be asserted to create a “reasonable doubt” of guilt. An experienced criminal defense lawyer will be in depth on all evidence, including medical records and witness declarations, to identify weaknesses, inconsistencies or unreliable information in the case.
Remember that the reasonable doubt of guilt is sufficient to lead to an acquittal for anyone accused of a crime in Maine.
Can an accusation of domestic violence be abandoned in Maine?
The accusations of domestic violence can be abandoned by the prosecutor of the district prosecutor’s office, but not by the person who filed the complaint with the police. This is one of the common common ideas on cases of domestic violence described earlier.
The District Prosecutor’s Office has a team from staff and prosecutors who deal with cases of domestic violence. The defenders of the victims will contact the person who filed the complaint and explain the process. If the complainant wants to abandon the complaint, the expression can help drop the loads, but it is not decisive.
A complainant can also contact the defendant’s lawyer to confirm that he wishes the accusations to be abandoned, but by directly contacting the defendant, because he can lead to a violation of the conditions of release under deposit, which could create other legal problems for the defendant.
Why do you need a criminal defense lawyer to defend your accusations of domestic violence
A criminal defense lawyer will increase the chances of escaping not only immediate sanctions, but also longer consequences of a criminal record, such as employment, education, travel, immigration status, etc.
The words and actions of the defendant immediately after an arrest are essential in cases of domestic violence. It is advisable to contact a criminal defense lawyer as soon as possible to protect your rights, prevent words and actions that could worsen the situation and start working on the best possible defense for accusations.
Defense of an accusation of domestic violence can be difficult emotionally and mentally because defendants may not be able to contact family members and may undergo social stigma and reputation damage. The support of a defense lawyer can be particularly precious during this difficult period.
For experienced legal aid and support with an accusation of domestic violence, call the Maine Criminal Defense Group to207-571-8146 For an initial case assessment.