Maine Murder Law

Under Maine law, a homicide is the taking of another human life, regardless of whether the killing was unlawful. The Maine Criminal Code categorizes homicide into three different crimes: murder, felony murder, and manslaughter.

Many states consider felony murder a type of murder. In Maine, however, felony murder is a distinct crime. The penalties for both crimes are severe, up to and including life imprisonment. Maine was the third state to abolish the death penalty in 1887.

This article discusses Maine’s murder laws, including the definitions of murder and the penalties for these crimes. If you’re facing murder charges in the state of Maine, consider speaking with an experienced criminal defense attorney sooner rather than later. We’ve also provided links to similar FindLaw articles at the bottom of the page to help with your research.

Definition of Murder Under Maine Law

The general definition of murder is the unlawful killing of another person with malice aforethought. Malice and premeditation are what distinguish murder from lesser homicides, such as manslaughter.

For the state to prove guilt beyond a reasonable doubt, it must demonstrate the following:

• The defendant engaged in an unlawful act with the intent to cause serious bodily injury or death
• A “wanton disregard” for the value of human life
• An evil motive or plan

Some states divide the crime of murder into subsections of first-degree murder and second-degree murder. Maine does not do this. All unlawful killings qualify as murder. The penalties, however, vary depending on the facts of the case.

If someone kills their spouse in the heat of passion, they may be less culpable than someone who plans to kill their spouse and then carries out that plan. The unique details of each case will determine the offenses the state will charge a defendant with.

Maine’s Murder Laws at a Glance

As noted, Maine law does not have different degrees of murder. All unlawful killings are murder in the state. We’ve summarized the laws in the chart below for ease of access and understanding.

Murder vs Felony Murder in Maine

Maine’s felony murder law holds felons responsible for deaths that occur during or shortly after the commission of an inherently dangerous crime. Felony murder is a Class A crime and carries the same penalties as murder.

According to the Maine Revised Statutes, a person is guilty of felony murder if a person dies during the commission of the following felony crimes:

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

If you’re facing criminal charges for felony murder, your criminal defense lawyer can raise the following affirmative defenses:

• Self-defense
• Actual innocence
• The defendant did not have a dangerous weapon at the time of the crime
• The defendant reasonably believed that no participant had a deadly weapon
• The offender reasonably believed that the other participant intended to cause death or serious bodily injury

When determining guilt, the jury will consider the reasonableness of the defendant’s beliefs.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a skilled Maine defense attorney to confirm your state laws.

Seek Legal Advice From a Maine Criminal Defense Lawyer

If you’re facing murder charges in Maine, you’re probably scared and nervous. If the court finds you guilty, you face up to life imprisonment. It’s best to consult an experienced Maine criminal defense lawyer as soon as possible after your arrest.

Your attorney will work hard to craft a solid defense strategy. They know the law and how to defend you against these serious charges.

FindLaw Related Resources

• Defenses to Murder
• Voluntary Manslaughter
• Involuntary Manslaughter