Maine Felony Murder Law

Most states define the crime of murder in largely the same way. For example, Maine law considers the following acts as murder:

• Intentionally or knowingly causing the death of another human being.
• Engaging in conduct that demonstrates a depraved indifference to the value of human life and causes the death of another human being
• Intentionally or knowingly using duress or deception to cause another person to kill themselves

Whether a crime qualifies as first-degree murder depends on the specific facts of the case.

The State of Maine and many other jurisdictions also have something called the “felony murder rule.” Some states include felony murder in their first-degree murder statute. In Maine, however, felony murder is a distinct crime.

Essentially, Maine's felony murder law holds felons responsible for any deaths that occur during or shortly after the commission of an inherently dangerous felony.

Here, we’ll explain how the felony rule in Maine works. We will also discuss which crimes qualify as “inherently dangerous.” If you’re facing criminal charges in Maine, seek legal advice from a local criminal defense attorney. They can walk you through your options and defend your rights in court.

When Does the Felony Murder Rule Apply?

In Maine, a person is guilty of felony murder if someone dies during the attempt or commission of, or in immediate flight from attempting or committing the following crimes:

• Murder
• Robbery
• Burglary
• Kidnapping
• Arson
• Gross sexual assault

To be guilty of felony murder, the state must prove that the defendant should have reasonably foreseen the victim's death.

Most murder laws require the offender to have acted with malice or intended to cause the victim's death. However, felony murder only requires that the offender intended to commit the underlying felony.

For example, imagine that Paul and John attempt to rob a jewelry store together. While John ransacks the cashier’s drawer, Paul shoots and kills the store's security guard. John had no idea Paul planned on shooting anyone. Since the security guard died as a result of the crime, the state could charge John with felony murder if he knew that Paul was carrying a gun.

What Are the Penalties for Felony Murder in Maine?

Anyone found guilty of felony murder in Maine will face severe penalties. Generally, lawmakers in Maine break serious crimes into classes. Each category carries a maximum sentence. For example, if you’re found guilty of a Class B felony, the judge can sentence you to up to ten years in prison. You’ll also have to pay fines of anywhere up to $20,000.

The penalties for these serious felonies are as follows:

• Class A Felonies: If you're convicted of a Class A felony, you'll face up to 30 years imprisonment and fines of up to $50,000. Some of the Class A crimes in Maine include gross sexual assault of a minor, kidnapping, and manslaughter.
• Class B Felonies: Anyone guilty of a Class B felony faces up to ten years in prison and a fine of up to $30,000. Some common Class B crimes include theft of more than $10,000 and aggravated assault with a deadly weapon.
• Class C Felonies: These crimes are less severe than Class A or Class B felonies. The penalties for a Class C crime include a prison sentence of up to five years and a fine of up to $5,000. Common crimes in this class include stalking and witness tampering.

Class D and E crimes are generally misdemeanors.

A murder conviction carries a potential life sentence and hefty fines. Under Maine law, felony murder is a Class A crime that carries a potential sentence of 30 years in prison and a fine of up to $50,000.

Are There Any Defenses to Felony Murder?

Like with other criminal charges, there are several criminal defense strategies available for a felony murder charge, including actual innocence, self-defense, and constitutional rights violations.

Or, the defendant can argue that they couldn't have reasonably foreseen the death connected to their underlying crime. For example, they might argue that:

• They weren't armed with a dangerous weapon
• They reasonably believed that no other participant was armed
• They didn't believe their co-conspirators intended to act in a way that could cause death or serious injury

Which defense strategy is best will depend on the specifics of each case. Generally, the best way to defend against a criminal charge is by getting advice from an attorney.

A Criminal Defense Attorney Can Help

If you’re facing felony murder charges or any other criminal charge and fear the state has a rock-solid case, contact a criminal defense lawyer as soon as possible. Retaining a skilled criminal defense attorney can help protect your rights and give you the best chance of an acquittal or favorable plea bargain.