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Maine Reckless Behavior Attorneys
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Reckless behavior defense lawyers in Maine
The crime of reckless behavior is based on a notoriously vague statute in Maine that could be used to criminalize almost anything. As a result, police frequently use reckless conduct as an excuse to arrest someone that they want to get off the streets, even if they do not have probable cause to believe that a real crime has been committed.
Defending against an allegation of reckless conduct is crucial, though, because the penalties are not small and the costs of having a criminal past should not be overlooked. The criminal defense attorneys at MCD Group can help you invoke your rights and fight the charge in court to protect your future.
What is Reckless Behavior in Maine?
According to 17-A Maine Statute § 211, reckless conduct is anything that “recklessly creates a substantial risk of serious bodily injury to another person.”
Needless to say, this can theoretically cover just about anything, including plenty of everyday activities that are perfectly legal, like driving a car.
Recklessness
The chief element to the offense is the idea of doing something recklessly.17-A Maine Statute § 35(3) defines recklessness as a conscious disregard that conduct will produce a certain result or a conscious disregard for what is going on.
Substantial Risk of Serious Bodily Harm
The other element in the offense is the risk of harm that it creates. The potential harm has to be serious, not trivial, and the odds that it happening can’t be remote.
Reckless behavior and domestic violence in Maine
Many allegations of reckless behavior happen in the context of domestic violence. If the alleged victim is a member of the defendant’s “family or household,” then the criminal charge becomes one of domestic violence reckless conduct under 17-A Maine Statute § 211-A. Convictions for domestic violence reckless conduct come with additional penalties.
Aggravated reckless conduct in Maine
Reckless conduct can become aggravated reckless behavior under 17-A Maine Statute § 213 if the prosecutor is able to prove that it was done with “terroristic intent.” Terroristic intent involves trying to seriously hurt or kill multiple or damage buildings or “critical infrastructure.”
Examples of reckless behavior in Maine
The court system in Maine has handled numerous criminal charges of reckless behavior. However, the vast majority of them don’t get appealed, keeping Maine’s higher courts from affirming what kind of conduct is, in fact, reckless conduct. With that said, there have been several cases that have helped to establish the limits of reckless behavior:
- Pointing a gun at someone else “in a threatening manner” is reckless conduct, even if there was no intent to fire the weapon State v. Napier
- Side-swiping a car and intentionally pushing it towards oncoming traffic State v. York
Penalties for a reckless behavior conviction in Maine
Depending on whether the allegation is for basic or aggravated reckless conduct or whether there is a domestic violence element to it, the penalties that you can face if convicted can change.
Without more, a standard charge of reckless conduct is a Class D crime. A conviction carries up to 364 days in jail and $2,000 in fines.
If the charge is for aggravated reckless conduct, the offense becomes a Class B crime. Convictions come with up to 10 years in jail and fines of up to $10,000.
The penalties for a charge of reckless conduct that involves domestic violence are more complex. Typically, they are Class D crimes that carry up to 364 days in jail and $2,000 in fines. However, certain prior convictions can elevate the offense to a Class C crime that comes with up to five years in jail and $5,000 in fines.
Additionally, domestic violence convictions carry penalties that do not come in the form of a jail sentence or a fine. The probationary period is far stricter for domestic violence offenses, and there are rehabilitation classes that are mandatory to complete. Additionally, you can lose your right to bear arms or even possess a firearm.
Defending against an allegation of reckless behavior in Maine
There are numerous ways that a reckless conduct allegation can be challenged. While the specific details of your case determine the best defense strategy, there are some common defenses that get raised more than others.
Lack of Intent
While reckless conduct does not need to be intentionally or purposely done, it does need to be reckless and prosecutors have the burden of proving it. Showing that what you did was not the result of recklessness, but rather was merely negligent or a mistake can be an effective defense to an allegation of reckless conduct.
Challenging Testimony and Evidence
As in all criminal cases, the prosecutor has the burden of proving that you committed a crime. They have to prove this beyond a reasonable doubt – quite a high standard. Raising those reasonable doubts by providing reasons to be skeptical of the prosecution’s witnesses or other evidence is a valuable defense strategy.
Police Misconduct
When police are investigating a crime and you are a suspect, you have constitutional rights that protect you and keep them in line. If they violate those rights, the evidence they find as a result of that violation can be excluded from court. Your right to be free from unreasonable searches or seizures is a complicated one, though. Invoking it can take the skill of an experienced criminal defense lawyer.
Contact a Maine reckless behavior lawyer today!
If you have been accused of reckless conduct, you need to defend against the charges. If you don’t, the penalties of a conviction can be life-altering. Even if the jail sentence is short or suspended by the judge, the blemish on your criminal history can make it difficult to overcome the setback.
The criminal defense lawyers at MCD Group can help you invoke your rights and protect your future. With their legal representation and guidance, an effective defense strategy can be laid out that serves your unique interests and utilizes the specific details of your case. Contact them online or call their law office to get started today.
The crime of reckless conduct is based on a notoriously vague statute in Maine that could be used to criminalize almost anything. As a result, police frequently use reckless conduct as an excuse to arrest someone that they want to get off the streets, even if they do not have probable cause to believe that a real crime has been committed.
Defending against an allegation of reckless conduct is crucial, though, because the penalties are not small and the costs of having a criminal past should not be overlooked. The criminal defense attorneys at MCD Group can help you invoke your rights and fight the charge in court to protect your future.
Top Notch Firm
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Oustanding
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Excellent Service
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
A TRULY EXCELLENT ATTORNEY
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
William is salt of the earth
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
A Great Firm!
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
David W.
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
Robert H.
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
Ryan M.
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
Andrew S.
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
Aaron O.
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
Sam T.
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
Brenda A.
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
Melissa C.
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
David M.
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
Robert N.
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
Manuel G.
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
Rachel P.
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
Abigail Z.
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
Alison R.
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
Jerry E.
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
Wade C.
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
Vicky L.
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
Michael S.
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
Amanda F.
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
John S.
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
Thomas F.
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Emma W.
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
Frank S.
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
Terry L.
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
Max C.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
Mia P.
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
Trent Q.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
Fredrick D.
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
John Y.
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Ava L.
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Ned B.
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
Melissa G.
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
Nick G.
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
Lisa F.
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
Betty C.
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
Rosalinda E.
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
Jason S.
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
Erica L.
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
Theresa S.
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
James C.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
Amy O.
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Mary S.
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Warren H.
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Bryan D.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Rick M.
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
Dawn S.
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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ship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
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All felony charges are billed out on an hourly basis and require a retainer, unless otherwise agreed upon.
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