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Domestic Violence Penalties in Maine: A Comprehensive Guide
Domestic violence in Maine includes a wide range of abusive or threatening behavior directed at a family or household member, dating partner, or sexual partner. These offenses are treated with particular seriousness under Maine law and carry severe criminal penalties.
To reflect the gravity of these crimes, Maine has created specific statutes under Title 17-A, Chapter 9 that define and address domestic violence separately from other assault or abuse charges. These laws outline how domestic violence is classified, prosecuted, and penalized in the state.
In this article, we break down the key domestic violence offenses in Maine and explain how they are punished under current state law.
Table of Contents
What are the Penalties for Domestic Violence in Maine?
Domestic violence penalties in Maine vary significantly based on the specific circumstances of each case, prior convictions, and the severity of the offense. Understanding these penalties is crucial for anyone facing domestic violence charges in Maine.
How Maine Classifies Domestic Violence Crimes
Maine classifies domestic violence offenses into different crime classes, each carrying distinct penalties:
- Class D Misdemeanor: First-time domestic violence offenses
- Class C Felony: Second domestic violence offenses or aggravated circumstances
- Class B Felony: Most serious domestic violence offenses involving weapons or severe injury
First-Time Domestic Violence Penalties in Maine
A first domestic violence offense is typically charged as a Class D misdemeanor in Maine, carrying these maximum penalties:
- Jail time: Up to 364 days (1 year)
- Fines: Up to $2,000
- Mandatory probation: Required for all domestic violence convictions
- Batterer’s intervention program: Court-ordered completion of certified counseling program
- Additional costs: Program fees can be substantial and lengthy
Even first-time offenders face mandatory probation conditions including no-contact orders with victims, potential alcohol/drug restrictions, and suspended jail time that can be imposed for violations.
Second Domestic Violence Offense Penalties
A second domestic violence conviction becomes a Class C felony in Maine, regardless of the underlying offense severity. Maximum penalties include:
- Prison time: Up to 5 years
- Fines: Up to $5,000
- Enhanced probation: Stricter supervision and longer terms
- Certified DV Program: Mandatory participation in state-approved intervention programs
Aggravated Domestic Violence Penalties
The most serious domestic violence charges are classified as Class B felonies, carrying maximum penalties of:
- Prison time: Up to 10 years
- Fines: Up to $10,000
- Extended probation: Long-term supervision requirements
Factors that can elevate charges to Class B felonies include use of weapons, serious bodily injury, or violations of protective orders.
Mandatory Probation Conditions for All Domestic Violence Convictions
Every domestic violence conviction in Maine requires mandatory probation with these standard conditions:
- Maine Certified DV Program participation
- No contact with victim or victim’s family
- Possible alcohol and drug restrictions
- Suspended jail/prison time hanging over the defendant
- Regular check-ins with probation officers
Bail and Pre-Trial Conditions
Domestic violence cases often involve harsher bail conditions than other crimes, including:
- No-contact orders (restraining orders) preventing communication with alleged victims
- Residence restrictions potentially requiring defendants to leave their homes
- Alcohol and drug monitoring
- GPS monitoring in some cases
These strict pre-trial conditions often pressure defendants to accept plea bargains to have restrictions lifted, even when they might have viable defenses.
Impact Beyond Criminal Penalties
Domestic violence convictions carry consequences beyond jail time and fines:
- Employment difficulties due to criminal record
- Housing restrictions preventing certain residential options
- Professional license impacts affecting careers in healthcare, education, and other licensed fields
- Gun ownership prohibitions under federal law
- Immigration consequences for non-citizens
Understanding these comprehensive penalties demonstrates why experienced legal representation is essential when facing domestic violence charges in Maine. The long-term consequences often far exceed the immediate criminal penalties.
Common Domestic Violence Crimes in Maine
Domestic Violence Assault
The definition of “domestic violence assault” in Maine, Title 17-A, §207-A, basically borrows from Maine’s section on regular or non-domestic assault:
Whenever a person intentionally or knowingly causes bodily harm or “offensive physical contact” against another person, and the victim is a family or household member (as defined by the code), then that person commits domestic violence assault.
The phrase “offensive physical contact” in this context is significant, because this doesn’t only include battery, or physical harm caused by physical contact. If a person’s physical contact is offensive in some way, but doesn’t cause actual bodily harm, the person can still be guilty of domestic violence assault.
For a single offense, without aggravating factors, domestic violence assault is considered a Class D crime in Maine, which is a very serious misdemeanor charge. If that person has a prior conviction for domestic violence, the charge is automatically elevated to a Class C felony.
Domestic Violence Aggravated Assault
Just like domestic violence assault, the crime of domestic violence aggravated assault in Maine, Title 17-A, §208-D, borrows heavily from non-domestic aggravated assault. Under current law, aggravated assault is defined as:
Intentionally or knowingly causing bodily injury which presents a risk of death or extended period of recovery; or, the bodily injury causes permanent disfigurement or loss of a bodily function; or, the bodily injury involved the use of a dangerous weapon; or, the person who committed the injury demonstrated an extreme indifference to human life.
This last definition requires considerable attention to the circumstances surrounding the incident, as judges often need to take clues from a person’s other related behavior to substantiate such a claim.
Simply put, if the victim in any of these hypothetical scenarios were a family or household member, then the crime would be categorized as domestic violence aggravated assault, rather than simple aggravated assault. Domestic violence aggravated assault is considered a very serious offense, and so each of these variations defined above is classified as a Class B crime, except for the second variation – injury causing disfigurement or loss of function – which is classified as a Class A crime.
Domestic Violence Elevated Aggravated Assault
The crime of domestic violence elevated aggravated assault, Title 17-A, §208-E, is defined as follows:
The perpetrator intentionally or knowingly inflicts severe bodily injury to a family or household member with the use of a dangerous weapon; or, the perpetrator engages in behavior which shows an extreme indifference to human life, and the behavior leads to serious bodily injury to a family or household member with the use of a weapon; or, the perpetrator engages in behavior which causes serious bodily harm to a family or household member, and the perpetrator shows “terroristic intent” during the incident.
Expectedly, because this crime is regarded as a more serious offense that non-elevated domestic violence aggravated assault, this crime is classified as a Class A offense in the State of Maine under current law.
Domestic Violence Elevated Aggravated Assault on Pregnant Person
This crime is defined identically to the previous crime, except that the family or household member (the victim) is pregnant at the time of the assault. Predictably, this crime is also classified as a Class A offense, and is understandably punished more harshly than elevated aggravated assault against a non-pregnant person.
Domestic Violence Terrorizing
The crime of domestic violence terrorizing, Title 17-A, §210-B, is defined as:
Communicating a threat of violence to another person (who is a family or household member), and that threat of violence is reasonably believed by the other person, and as a consequence the recipient of the threat experiences a fear that the crime will be committed.
This type of offense is classified as a Class D crime. If, however, a person has prior convictions for domestic violence, then a repeat offense can be boosted to a Class C crime.
Domestic Violence Criminal Threatening
Similarly, the crime of domestic violence criminal threatening, Title 17-A, §209-A, follows the same pattern:
If a person intentionally or knowingly places another person in fear of imminent bodily injury, and the recipient of the threat is a family or household member, then the offender may be guilty of domestic violence criminal threatening.
Importantly, the statute on criminal threatening doesn’t identify or reference a specific medium of communication, and so theoretically this crime can be committed in various ways. A person might commit this crime, for instance, via a phone conversation, or more likely, during an in-person argument. This offense is also a Class D crime, but past incidents can raise the classification to a Class C crime.
Domestic Violence Stalking
Domestic violence stalking behavior is somewhat different from assault or criminal threatening with stalking. Title 17-A, §210-C states:
The offender engages in a “course of conduct” which would cause a “reasonable person” to do one of the following: suffer serious emotional distress or inconvenience, or fear bodily harm, or fear bodily harm to a friend or relative, or fear being killed, or fear that a friend or family member will be killed, or fear that property will be either damaged or destroyed.
If the victim of this crime is either a family or household member, then the stalking is automatically categorized as domestic violence stalking and treated accordingly. Currently, this type of crime is classified as a Class D crime, but previous convictions can elevate the charge to a Class C crime.
The statutory language of this crime includes multiple definitions for its multiple terms. For instance, the term “course of conduct” is defined as being 2 or more acts conducted by a single person which are carried out for a specific purpose, such as harassment of a victim. Likewise, the terms “close relation,” “emotional distress,” and “serious inconvenience” are also separately defined under this section.
Definition of Family or Household Member in Maine
As readers will note, many of these criminal definitions are simply standard definitions with an additional requirement that the victim be a “family or household member.” Naturally, the question becomes: how is family or household member defined in Maine law.
Currently, Maine domestic violence law includes the following people in this concept:
a current spouse or domestic partner, a former spouse or domestic partner, parents who share a child together, people who presently live together as a romantic couple, people who formerly lived together as a romantic couple, individuals who formerly lived together, adult household members who are blood relatives, and minor children of household members when the defendant is simultaneously an adult household member.
As readers can see, this list is fairly long, although not completely comprehensive, so domestic violence scenarios tend to be quite common.
Contact our Maine Domestic Violence Defense Lawyers for Help
As mentioned, Maine’s criminal code is thorough in its treatment of domestic violence offenses, as seen in its careful distinctions between related crimes, and its inclusion of various offenses beyond simple assault. Many readers, for instance, may not have even been aware that domestic violence stalking was considered a separate crime, but this is how the criminal system works in Maine. Hopefully, this overview has given readers a fairly good sense of how these various crimes are defined and how they are interpreted.
If you’ve been charged with any sort of domestic violence offense, you should seek legal assistance immediately. As we’ve referenced, Maine treats these crimes very seriously, and the punishments reflect this fact very clearly.
Defending your domestic violence allegations anywhere in Southern Maine
If you’re convicted of domestic violence, your conviction will remain on your permanent criminal record indefinitely, and this can impact your life in many different ways.
If you need assistance, contact the Maine Criminal Defense Group by calling us or contacting us directly online and consult with one of our attorneys today. We have offices located conveniently in Portland, Kennebunk, & Brunswick serving our clients throughout all of Southern Maine.
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