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By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 18, 2024
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Criminal laws serve a dual purpose. They're designed to both protect citizens and punish those who break them. The Maine Criminal Code places crimes and punishments into specific categories. Judges follow sentencing guidelines that assign sanctions based on the severity of the crime, the defendant's criminal history, and other factors.
Maine uses classes to differentiate between the severity of criminal offenses and the applicable sentences. Some crimes, such as murder, stand as unique offenses outside of the classes and can carry specific penalties.
If you're engaging with Maine's criminal legal system, it's important to know how it works and what to expect. FindLaw's Maine Criminal Law section examines the substantive offenses, the classes of crimes, what's involved in the sentencing process, and how bail works. There are also dozens of articles focusing on specific crimes and other legal topics.
If you or someone close to you are facing criminal charges, speak with a Maine criminal defense attorney for legal help.
Maine no longer uses felonies and misdemeanors for crime classification. Instead, offenses are separated into one of five crime categories. These are:
Class E Crime: Crimes punishable by up to six months incarceration and a $1,000 fine
Class D Crime: Crimes punishable by up to 364 days of incarceration and a $2,000 fine
Class C Crime: Crimes punishable by up to 5 years incarceration and a $5,000 fine
Class B Crime: Crimes punishable by up to ten years incarceration and a $20,000 fine
Class A Crime: Crimes punishable by up to 30 years incarceration and a $50,000 fine
In essence, Classes A, B, and C are felony crimes, and Classes D and E are misdemeanors. Maine does not use the death penalty. The most severe sentence is life in prison.
Maine Revised Statutes Title 17-A of the Maine Criminal Code has a complete listing of all the criminal offenses covered under Maine law. These are broken into chapters for the different types of crimes. While we hope you are never charged with any offense, the ability to research what you're facing is essential.
Chapter 7: Offenses of General Applicability - Includes conspiracy and attempted murder
Chapter 9: Offenses Against the Person - Includes murder, assault (bodily injury), domestic violence assault, and stalking
Chapter 11: Sexual Assaults - Includes gross sexual assault, sexual assault of a minor, and unlawful sexual touching
Chapter 12: Sexual Exploitation of Minors - Includes dissemination and possession of sexually explicit material
Chapter 13: Kidnapping, Criminal Restraint, and Criminal Forced Labor - Includes kidnapping, criminal restraint, and criminal forced labor
Chapter 15: Theft - Includes theft, insurance deception, and receiving stolen property
Chapter 17: Burglary and Criminal Trespass - Includes burglary, criminal trespass, and possession of burglar's tools
Chapter 18: Computer Crimes - Includes criminal invasion of computer privacy and permanent destruction of computer data used in a crime
Chapter 19: Falsification in Official Matters - Includes perjury, tampering with a witness, and falsifying physical evidence
Chapter 21: Offenses Against Public Order - Includes riot, harassment, and violation of privacy
Chapter 23: Offenses Against the Family - Includes nonsupport of dependants, incest, and endangering the welfare of a child
Chapter 25: Bribery and Corrupt Practices - Includes bribery, improper influence, and misuse of information
Chapter 27: Robbery - Includes robbery
Chapter 29: Forgery and Related Offenses - Includes forgery, criminal simulation, and falsifying records
Chapter 31: Offenses Against Public Administration - Includes assault on a law enforcement officer, assault on a firefighter, and aiding escape
Chapter 33: Arson and Other Property Destruction - Includes arson, criminal mischief, and causing a catastrophe
Chapter 35: Sex Trafficking, Prostitution, and Public Indecency -Includes sex trafficking, indecent conduct, and engaging a person for prostitution
Chapter 37: Fraud - Includes deceptive business practices, deceptive insurance practices, and misuse of identification
Chapter 39: Unlawful Gambling - Includes unlawful gambling, illegal gambling machines, and criminal forfeiture
Chapter 41: Criminal Use of Explosives and Related Crimes - Includes criminal use of explosives, laser pointers, and noxious substances
Chapter 43: Weapons - Includes possession of machine gun, possession of armor-piercing ammunition, and unauthorized possession of a firearm in a courthouse
Chapter 45: Drugs - Includes Schedules W, X, Y, and Z, stealing drugs, and possession of drug paraphernalia
Facing criminal charges in Maine alone isn't a great idea. When your freedom is at stake, consider speaking with a Maine criminal defense lawyer.
There are a number of sentencing alternative options available. Once it's determined that sentences of imprisonment are involved, Maine judges follow a three-step procedure when considering sentences for felony-level crimes.
First, the court determines a basic term of imprisonment by considering the particular nature and seriousness of the offense as committed by the individual.
The court then determines the maximum term of imprisonment to be imposed by considering all aggravating and mitigating sentencing factors, including:
The character of the defendant
The defendant's criminal history
The effect of the offense on the victim
The protection of the public interest
Finally, the court determines if any portion of the imprisonment requires suspension or probation.
Murder has a separate sentencing guideline. When considering a sentence for a murder conviction, the judge will ignore step three of the process. Persons convicted of gross sexual assault face supervised release after their term is up.
There is a delay between when a defendant is arraigned for a crime and when they stand trial. Some people are released on their own recognizance and trusted to show up on their trial date. Others are considered either a flight risk or a danger to society and kept in jail until their hearing. For everyone else, release is possible through the Maine bail system.
Bail varies by case. Most bail agreements contain conditions ordering the defendant to stay away from the victim. Either cash bail or a bond is required to secure release. The funds/collateral are held as an assurance that the defendant will return for their trial. If they don't show, the bail is subject to forfeiture, and a bench warrant is put out for their arrest.
Maine's gun laws are some of the most permissive in the country. The state doesn't have a red flag law (extreme risk protection order/ERPO) and allows residents to carry loaded, concealed handguns in public without a permit or background check. Still, Maine had the eleventh lowest gun death rate in the nation for 2022.
Stand-your-ground policy in Maine depends on the situation. A duty to retreat applies in situations involving deadly force. The law demands retreat over lethal force if it's an option. This doesn't apply when the aggressor makes an unlawful entry into a dwelling. Under the castle doctrine, there's no duty to retreat.
For incidents involving non-lethal force, Mainers have no duty to retreat. Self-defense is permitted when a person has a reasonable belief that another person will use unlawful, nondeadly force on them or a third person. It's illegal to continue an altercation after the other participant tries to withdraw or to use excessive force.
Conviction of a serious crime can follow you for the rest of your life. Maine's criminal laws are complex. In addition to the wealth of articles linked below, consider speaking with a Maine criminal defense attorney to address your legal issues. When your future is on the line, it's essential to have a legal expert on your side.