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Maine Reckless Conduct with a Deadly Weapon Attorneys
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Reckless Conduct with a Deadly Weapon in Maine
In Maine, the statute that prohibits reckless conduct is very vague and a favorite for police who want to make an arrest in situations where it’s unclear that a crime has been committed. If you had a deadly weapon during the altercation, the severity of the offense turns from a misdemeanor into a felony.
The criminal defense lawyers at The Maine Criminal Defense Group strive to legally represent people in Portland and southern Maine who have been accused of reckless conduct with a deadly or dangerous weapon. There are defenses that can be raised to invoke your rights and protect your future against the costs of a conviction for such a serious offense.
Reckless Conduct in Maine
In Maine, the crime of reckless conduct is described in 17-A Maine Statute § 211. Unfortunately, this statute is vague. It prohibits anything that “recklessly creates a substantial risk of serious bodily injury to another person.”
Typically, reckless conduct is a Class D crime – the most severe type of misdemeanor in the state. However, the crime classification increases if there was a dangerous weapon involved.
Reckless Conduct with a Deadly Weapon Sentencing in Maine
Another one of Maine’s laws, 17-A Maine Statute § 1252(4), is a sentencing provision that deals with offenses that involved a dangerous or deadly weapon. This statute increases the classification of a crime by one level if the offense “was committed with the use of a dangerous weapon.”
So, a criminal charge of reckless conduct would change from a Class D criminal charge into a Class C charge. This increase is one of the most important in all of Maine’s criminal law because it turns a potential conviction from a misdemeanor into a felony. This does not just mean that you could spend more than a year in jail – it also means that the blemish on your criminal history would be far more severe and debilitating.
What is a “Dangerous Weapon”?
Because so much changes in reckless conduct allegations if you used a “dangerous weapon” at the time of the alleged offense, the definition of what constitutes a dangerous weapon becomes essential.
17-A Maine Statute § 2(9) provides that definition. Under this statute, the “use of a dangerous weapon” includes using or threatening to use a firearm or almost anything else that “is capable of producing death or serious bodily injury.”
Importantly, this includes anything that gets presented as a dangerous weapon, even if it isn’t: Wielding a toy gun and claiming that it’s a real one while engaging in reckless conduct could elevate the offense into reckless conduct with a deadly weapon.
Examples of Reckless Conduct with a Deadly Weapon
The offense of reckless conduct with a dangerous weapon has been on the law books for several decades. Over the course of that time, Maine’s court system has dealt with numerous instances of the offense and has applied the words on the page to real-life situations.
Some of the most important decisions have come from the Maine Supreme Court as they bind all other Maine judges into similar rulings:
- It doesn’t matter if there was no intent to fire a weapon; merely pointing it at someone amounts to reckless conduct with a dangerous weapon – State v. Napier.
- A car can be used as a dangerous weapon – State v. York, State v. Seymour, and State v. Jones.
Penalties for a Reckless Conduct with a Dangerous Weapon Conviction
Whenever a reckless conduct charge includes a dangerous weapon, the crime gets enhanced and the penalties increase. Rather than being a Class D crime, which is punishable with up to 364 days in jail and $2,000 in fines, it becomes a Class C crime, which carries up to five years in jail and up to $5,000 in fines.
Additionally, two prior offenses for violent crimes can further elevate an allegation of reckless conduct with a dangerous weapon into a Class B crime. This can carry up to 10 years in jail and up to $20,000 in fines.
If the alleged offense involved “family or household members,” then it would also be charged as a crime of domestic violence, which can change how prior offenses are counted and lead to other consequences of a conviction, like mandatory anger management classes and a high chance of being subject to a restraining order.
Even if you have no prior offenses and the allegation does not involve domestic violence, the collateral consequences of having a felony-level conviction on your criminal background are severe. You could lose your right to own or use a firearm and even your right to vote.
Defense to a reckless conduct with a dangerous weapon in Maine
There are, however, numerous ways to defend against an allegation that you committed reckless conduct with a dangerous weapon. Chief among them are:
A lack of intent
Prosecutors have the burden of proving that you acted at least recklessly. If you can keep them from showing this by arguing that you were only being negligent or the event was all an accident, it can be an effective defense.
Police misconduct
You have rights under the Fourth Amendment. If the police conduct an unreasonable search or seizure during their investigation, any evidence they uncover during that unlawful act can be excluded from trial.
Utilizing the burden of proof
Prosecutors have the burden of proving that you are guilty and have to show it beyond a reasonable doubt. Challenging the evidence they present, poking holes in police testimony, and highlighting the weaknesses of the prosecutor’s case can raise those reasonable doubts and protect your future.
Contact a reckless conduct with a deadly weapon lawyer today!
The criminal defense lawyers at The Maine Criminal Defense Group strive to defend people against allegations of reckless conduct with a deadly weapon in Maine. Contact us online or call our law office if you have been accused of reckless conduct with a dangerous weapon and want to raise your rights in court.
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Oustanding
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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…
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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Max C.
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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…
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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…
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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…
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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…
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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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