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 §207-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 belief of an immediate threat of harm to you or someone else
• Proportional response to the perceived threat
• Lack of assault or 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 to 207-571-8146 For an initial case assessment.

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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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