Assault is a serious criminal charge in any situation in Maine. When the alleged assault targets a police officer, the consequences can be even more severe.

Sometimes during an interrogation or arrest by a law enforcement officer, a person feels harshly treated or objects to the officer’s actions, resulting in physical resistance. This can result in a charge of refusing to submit to arrest and, in more serious cases, assault on a police officer.

Assaulting a police officer is often a more serious charge than the original crime for which the subject was being investigated. This is an automatic felony charge in Maine, so it is essential to learn more about this offense if you face charges.

What is an “assault on an officer” in Maine?

Unfortunately, physical altercations sometimes occur between police officers and the individuals they are investigating. This is often due to misunderstandings, ignorance of the law, harsh approaches by officers, drunkenness or stress.

Hitting, slapping, shoving, pushing or physically assaulting a police officer is never a good idea. Try to remain calm and polite when questioned or arrested. A criminal defense attorney can help you respond to the charges later and arguing may make your situation worse.

People who are physically aggressive toward police officers – whether they cause injury or not – can end up not only with a criminal charge for the original offense being investigated, but also with a criminal charge for assaulting a policeman.

Maine Law for Assault on an Officer

To better understand the precise nature of this offense, let us refer to the relevant Maine law, which states that a person has committed an assault on an officer if:

• “This person intentionally, knowingly, or recklessly causes bodily injury to a law enforcement officer while the officer is carrying out his or her official duties, or
• While in custody following an arrest or court order, the person commits an assault against a correctional officer, correctional supervisor or other member of the staff of an establishment while that member of the personnel perform their official duties.

According to the legal definition of assault, criminal “assault” is any form of contact that is offensive to another person, whether or not it causes injury.

This law covers assaults not only on police officers but also on prison officers while carrying out their official duties in prisons and jails.

Example of assault on an officer

Jerome attended a climate change protest in Augusta with his friends. As part of the protest, the group decided to sit down and block the road to traffic.

When the police asked the group to disperse, they refused. The police forcibly evicted the demonstrators and Jérôme attacked a police officer who tried to move him. The policeman had a small bruise and Jérôme was immediately stopped and arrested by two other police officers. He was charged with the misdemeanor assault of an officer.

What are the consequences of assaulting an officer in Maine?

You can expect little sympathy from the Maine justice system for an assault on an officer. The prosecutor will likely seek a Class C felony charge. This comes with a maximum penalty of:

• Up to five years in prison
• Up to $5,000 fine

The defendant may also face another charge if the assault occurred during an investigation or arrest for an original alleged offense.

Keep in mind that a felony conviction stays with you for life. Whenever a background check is conducted by a potential employer, educational institution, border agent, or immigration official, the details of your felony conviction will appear. You will also lose your Second Amendment right to own or possess firearms.

This can have serious consequences for your future. It is therefore important to treat the charge seriously and give yourself the best possible chance of avoiding conviction.

A felony conviction is not easy

A felony charge is different from a conviction. You can potentially escape the worst consequences of your actions, even if the evidence against you seems overwhelming, especially if you have an otherwise clean criminal record.

For example, to obtain a conviction for assaulting a police officer, the State must prove that the defendant’s state of mind was intentional, knowing, or reckless at the time the alleged crime was committed, which may be prove difficult.

Like everyone who faces criminal charges in Maine, to be convicted you must first be indicted by a grand jury. You will be required to attend an initial court appearance, and after being charged, you will be formally charged and arraigned, where the charges will be read and you will enter your plea.

At this point, you should have spoken to your criminal defense attorney and pleaded not guilty to the charge against you.

There are opportunities to resolve the matter without a trial, including at the decision conference. Possible outcomes from here include:

• Dismissal of the case: Sometimes the district attorney dismisses charges due to a lack of evidence or a procedural misstep, for example.
• Plea arrangement: The defendant agrees to plead guilty to a lesser charge, such as a simple assault charge, which is a class D misdemeanor rather than a felony.
• Jury verdict: If the case goes to trial, a jury will decide the guilt or innocence of the accused after hearing all the evidence. If he is found guilty, the judge will determine the sentence.

Why Hire a Maine Criminal Defense Attorney?

Few people are equipped to handle a felony charge on their own. Maine’s legal system is intimidating and confusing without legal advice. State prosecutors in criminal cases can be persistent and aggressive.

By working with an experienced local Maine criminal attorney, you benefit from the support and legal expertise of a professional on your side and committed to protecting your rights.

Your attorney will gather evidence to support your case and prepare your defense. We will communicate with the prosecutor, court staff, and judge as the case progresses, looking for opportunities to mitigate the consequences you face.

Your attorney will protect your rights and fight the case against you, making the prosecutor’s job of proving your guilt much more difficult than if you tried to fight it alone.

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

Blog posts