In Maine, misdemeanors are classified as Class D or E felonies and felonies are classified as Class A, B, or C felonies.

Penalties for each level of crime increase from Class E to Class A, from a maximum of one year’s imprisonment to life imprisonment. With such a wide range of potential penalties, it is important to understand what the consequences may be if you are arrested and charged with a criminal offense in Maine.

The crimes carry a set of minimum and maximum penalties (fines and incarceration) outlined in the Maine Penal Code.

Let’s take a closer look at Class D and E misdemeanors and how sentencing works for these types of offenses in Maine.

Crime Classes and Penalties in Maine

Class D and E felonies in Maine are punishable by up to a year in county jail, as well as significant fines.

Higher penalties may apply to aggravated versions of crimes or to repeat offenders when the offense is considered more serious than the “standard” offense and is elevated to the next class.

Class E offenses

A Class E felony is the least serious misdemeanor in Maine. However, any criminal offense can have significant implications on your future due to the risk of a prison sentence, as well as a lifetime criminal record.

Class E misdemeanors in Maine are punishable by up to six months in prison and a fine of up to $1,000 in Maine. Here are some typical examples of Class E misdemeanors:

• Operating with a suspended license
• Disorderly conduct
• Theft under $1,000
• Minor drug offenses
• Online harassment
• Prostitution

Class D offenses

A Class D felony is still a misdemeanor in Maine but a more serious offense than Class E. Here are some examples:

• Domestic violence assault
• YES/DUI/DWI (drunk driving)
• Violation of a protection order
• Simple assault
• Unauthorized use of a vehicle

Class D felonies are punishable by up to 364 days in county jail and a fine of up to $2,000 in Maine.

What are “high penalties” for crimes in Maine?

Higher penalties may be applicable for certain Class D and E felonies, particularly if dangerous weapons were used in the commission of a crime or if the individual has a prior criminal conviction.

In such cases, a Class E felony may become a Class D felony or, more serious, a Class D misdemeanor becomes a Class C felony (which involves a significant increase in maximum penalties).

Some offenses can be classified as felonies if the offender has already been convicted several times. For example, while OUI is typically prosecuted as a class D misdemeanor for a first or second offense, a subsequent offense may be charged as a class felony.

Likewise, a misdemeanor theft becomes a Class C misdemeanor if the person has already been convicted of two or more theft-related convictions.

How do misdemeanor convictions work in Maine?

A prison sentence is possible for any Class D or Class E felony, and the judge can impose it immediately after conviction (unlike a felony, for which a separate sentencing date is usually set).

However, first-time offenders with experienced legal representation can generally avoid prison for minor offenses that do not carry mandatory sentences.

The likelihood of prison time, even for crimes committed in Maine, increases for defendants who have at least two prior convictions.

Maine judges have several sentencing options. The sanctions imposed in the event of conviction will greatly depend on the strength of your defense.

When considering sentencing options, judges will generally consider the following factors:

• The nature and seriousness of the offense
• Whether aggravating circumstances applied to the offense (e.g. use of a deadly weapon)
• Are there extenuating circumstances (for example, acting to protect someone else)
• The age, character and criminal history of the accused
• Any other relevant factor

Alternatives to Prison with Misdemeanor Conviction

Because judges have a great deal of discretion when sentencing crimes in Maine, it is essential to present the best defense possible to mitigate consequences for the future.

Judges may choose to impose a sentence involving imprisonment. Class D and E felonies are generally served in the county jail rather than the state prison. However, one of the following alternative sentences may also be considered by judges:

• Suspended or split prison sentence with probation or administrative release
• Deferred disposition
• Payment of fines and fees
• Payment of restitution
• Community service

In some counties, court diversion programs are also available. Under these programs, a defendant can avoid prison time by seeking treatment for substance abuse, mental health issues, or any other issues believed to have contributed to the criminal behavior.

What is a split or suspended sentence in Maine?

A split or suspended sentence means that the judge sentences the offender but does not yet impose the prison sentence (or part of it) normally served.

If the offender meets all of the conditions set out for parole or administrative release for a determinate period of time, then the suspended sentence can be revoked. If the release conditions are not met, the offender can be rearrested and sent to prison.

Typical conditions for probation or administrative release include:

• Respect the law and not reoffend
• Getting treatment or counseling
• Maintain or continue employment
• Report to a supervisor (for probation)
• Do not drink alcohol

These measures are seen as contributing to the rehabilitation of the offender rather than simply sending them to prison, which is not always considered the best solution. A judge is more likely to order an alternative sentence like this for a first offense.

What is deferred disposition?

Deferred adjudication is sometimes used by prosecutors and criminal defense attorneys in plea negotiations for misdemeanors in Maine. In exchange for a guilty plea from the accused, the court delays entry of the sentence for a specified period during which the accused must comply with the conditions ordered by the court.

If the defendant has complied with all conditions of the deferred disposition after the deadline has expired, he or she may be allowed to withdraw his or her guilty plea and the charges are then dismissed. This does not result in any criminal conviction for the accused, which may be particularly important for their future.

If the defendant does not comply with the terms of the deferred decision, the judge may proceed to impose a criminal sentence.

A criminal conviction, even for a misdemeanor, can have serious consequences, but a Class D or E felony charge, especially for first-time offenders, does not necessarily end with prison time and a lifetime criminal record.

For experienced legal help regarding any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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Any criminal charge for a drug offense is a serious matter in Maine, but the consequences may depend on whether the charge is filed at the state or federal level.

A drug crime conviction can result in a permanent criminal record, in addition to possible prison time and a hefty fine. The penalty applied will depend on the prosecuting jurisdiction. Federal prosecutions for drug crimes tend to produce notoriously harsh outcomes.

If you have been charged with a drug crime in Maine, it is important to understand which jurisdiction (state or federal) is handling your case, how the law varies from jurisdiction to jurisdiction, and what might be potential current and future consequences.

What are the main types of drug crimes in Maine?

Drug crimes are defined in Maine statutes as well as the U.S. Penal Code. The laws prohibit the manufacture, possession, and distribution of any controlled substance.

What are controlled substances?

Controlled substances are illegal drugs that can harm an individual’s health and well-being. They range from recreational drugs considered to have no medical benefit to prescription drugs and other substances used to create drugs that can be harmful to users.

Most commonly, drug crimes in the United States involve controlled substances like marijuana (which is still federally illegal although it has been decriminalized in Maine), as well as methamphetamine, cocaine, heroin, ecstasy, etc. However, there are other controlled substances that result in drug charges for manufacturing, possession, or trafficking/distribution.

The Drug Enforcement Agency (DEA) is responsible for designating controlled substance status and classifying drugs into a series of five “schedules” or categories. Schedule I drug crimes carry the most severe penalties, while crimes associated with Schedule V substances carry the least severe penalties.

Schedule I drugs are considered to have no accepted medical use, and many are highly addictive. Drugs listed in other schedules may have accepted uses and be less addictive.

What is considered drug trafficking in Maine?

Drug trafficking or distribution involves providing another party with illegal drugs. The offense is divided into two main categories: “illicit trafficking” and “aggravated illicit trafficking”.

In the event of aggravating circumstances, the more serious charge of aggravated illicit trafficking will apply. Aggravating factors may include:

• Drug trafficking with a minor
• Previous convictions for illegal trafficking
• Carrying a firearm at the time of the offense
• Traffic near a “safe zone”
• Using the help of a minor to traffic drugs

To be charged with a drug trafficking crime, an individual or group of individuals must be accused of one of the following acts:

• Making an illegal sale of a controlled substance
• Providing a controlled substance
• Deliver a controlled substance

Trafficking charges are most often proven by showing that an individual sold drugs, but the exchange of money is not technically required to convict a person of trafficking.

What is drug manufacturing in Maine?

Under Maine law, manufacturing scheduled drugs is considered a form of trafficking. Manufacturing is defined as follows:

“Produce, prepare, propagate, compose, transform or transform, either directly or indirectly by extraction of substances of natural origin, or independently by means of chemical synthesis. »

State and federal laws criminalize the chemical manufacturing of drugs such as methamphetamine. Under federal law, marijuana cultivation is also classified as manufacturing.

What is the difference between state and federal drug charges/crimes?

Generally speaking, the decision to prosecute a drug crime at the state or federal level depends on three main factors:

1. The amount of illegal drugs involved
2. The number of people involved in the activity
3. If the activity crossed state lines

Even though Maine follows many other states in legalizing marijuana possession, any activity involving marijuana possession could still be subject to federal prosecution.

However, in reality, it is very unlikely that anyone following state law would be prosecuted in federal court.

State and Federal Drug Crimes and Charges

Most federal drug crimes involve a large quantity of drugs and a large-scale trafficking conspiracy, such as the types of operations carried out by criminal gangs.

If these factors are absent, the case will often be brought in state court rather than federal court. State courts have jurisdiction only over cases located within the territorial boundaries of the state. Most cases handled at the state level in Maine involve possession of controlled substances and are prosecuted as misdemeanors. Local law enforcement agencies file charges, and the local prosecutor will decide how to proceed.

If a case takes place in another state, federal prosecutors are more likely to become involved. Federal courts also have jurisdiction over crimes committed on federal property. Therefore, anyone who uses a federal agency (such as US Mail) to facilitate criminal activity may be subject to federal investigation. Agencies such as the United States Drug Enforcement Agency (DEA) will handle these investigations.

Most drug crime arrests in Maine that end up in federal courts involve drug trafficking. These are criminal charges filed by federal prosecutors (the United States Attorney’s Office) and the convictions that accompany them carry much harsher penalties, including mandatory minimum prison sentences.

Drug crimes, whether charged at the state or federal level, should not be taken lightly. Serious and life-altering penalties may result. It is essential to seek the advice of a competent and experienced attorney in defending drug charges.

For experienced legal help regarding any drug crime, call the Maine Criminal Defense Group at 207-571-8146 for a first case evaluation.

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