Maine Legal Group Logo
Main Office
Satellite Office
Consultations by Appointment Only

Maine Stabbing Illustrates Fetal Homicide Laws and Domestic Violence Limits

A woman covering her face crying, representing how one can benefit from calling a Portland criminal defense lawyer.

An argument on social media between couples turned into a physical altercation that ended with a pregnant woman getting stabbed. While the charges being levied against the defendant are steep – and would likely have been more severe if the incident happened outside of Maine – they are not going to be domestic violence offenses because the alleged victim and assailant are not related closely enough to each other.

Pregnant Woman Stabbed During Dispute in Maine

Based on the initial reports, the incident all happened over the course of several hours on June 23, 2019, in Parsonsfield, Maine.

Two couples – one couple was married, the other couple was engaged to be married – got into an argument on social media. Threats were made in the arguments and they all decided to meet in person at a local store. There, the arguments continued and eventually turned into a physical fight between the two men.

Apparently, when the fiancée of one of the men intervened, the pregnant wife of the other man started to fight with her. As the fiancée and the pregnant wife tussled, the fiancée pulled out a knife and stabbed the pregnant woman in the abdomen.

The pregnant woman was rushed to the hospital, and her condition is unknown.

The fiancée was arrested and charged with elevated aggravated assault. Her next court date is in mid-October.

Fetal Homicide Laws in Maine

Murders, or homicides, are defined as intentional killings “of another human being.”

Fetal homicide laws are statutes that explicitly extend the meaning of “another human being” to include an unborn fetus.

According to the National Conference of State Legislatures, there are 38 states that have enacted fetal homicide laws.

While Maine is not one of those states, it does have another offense – elevated aggravated assault on a pregnant person under 17-A Maine Statute § 208-C. This statute makes knowingly causing a pregnant person “serious bodily injury” a Class A crime. Such a “serious bodily injury” includes – but is not necessarily limited to – injuries that result in the termination of the pregnancy.

Domestic Violence and Family or Household Members

While it seems relatively trivial when compared to the allegation of elevated aggravated assault on a pregnant person, the situation also illustrates just where Maine’s domestic violence laws begin and where they end.

Crimes only become charged as domestic violence crimes if they are alleged to have been committed against “family or household members” under 19-A Maine Statute § 4002(4):

  • Parents of the same child
  • People who are or who were sexual partners
  • Spouses or domestic partners, or former spouses or former domestic partners
  • People who currently or formerly lived together
  • Children living with the defendant
  • Adult blood relatives.

While the altercation here had the appearance of a domestic violence situation, none of these relationships seem to exist. As a result, any ensuing charge would not be deemed one of domestic violence and would not have any of the numerous collateral consequences of a domestic violence conviction on the table.

Domestic Violence Defense at MCD Group

The Portland Maine criminal defense lawyers at MCD Group, represent people who have been accused of domestic violence throughout Maine, including Portland, Saco, and Biddeford. Contact MCD Group online or call our law office at (207) 571-8146.

REQUEST A CONSULTATION

Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.

PRACTICE AREAS
WHAT OUR CLIENTS SAY

Great group of people. Managed to get me a favorable outcome from a very bad situation. I would highly recommend this firm if you have legal troubles. Top notch performance!!

Dave Allen

So thankful I chose this team to represent me. They’re the best, hands down. Nathan Hitchcock proved my innocence not once but TWICE, including a trial by jury. I have a family in law enforcement who told me “Bill Bly and his team are the best. If I would recommend anyone, it would be them.”

Brandon Albert

AVOID A CRIMINAL RECORD

CONFIDENTIAL CASE EVALUATIONS

OVER 115+ GOOGLE REVIEWS

OVER 165+ AVVO REVIEWS

Ready to Get Started? Get In Touch With Us Today!

If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys.

Get to Know Our Group
Maine Legal Group

We are a boutique law firm, and we stand out by prioritizing our clients’ well-being. At The Maine Legal Group, our experienced team offers personalized attention in both criminal defense and divorce cases.

The Maine Criminal Defense Group

The Maine Criminal Defense Group adeptly handles all areas of criminal defense practice, including experienced and skilled legal representation for state and federal charges.

The Maine Divorce Group

The Maine Divorce Group empowers individuals skillfully navigating divorce with compassionate guidance, ensuring a brighter future through the challenges of the process.