Is an Aggravated Assault charge a Felony or Misdemeanor in Maine?

Aggravated assault in Maine: Is it a felony or misdemeanor?

“Aggravated” versions of any crime are more serious, and aggravated assault is no different.

While the crime of simple assault usually leads to a Class D misdemeanor charge, aggravated assault is prosecuted as a felony in Maine.

That means more serious penalties, both in terms of the time spent behind bars and the longer-term consequences that impact your future.

Aggravated assault normally occurs either when bodily injury is caused to another person, the victim is below a certain age or the defendant has prior convictions.

Because bodily harm is broadly defined under Maine law, it is relatively simple for a misdemeanor assault charge to be elevated to aggravated assault, charged as a Class A or a Class B felony with the associated penalties elevated accordingly.

Assault defined in Maine

Under the Maine Revised Statute Title 17-A §207, assault is defined as:

• A person is guilty of assault when he or she intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.

It should be noted that malicious intent is not necessary for an assault charge, but the actions must be shown to be intentional whether or not they resulted in injury to the other person,

To achieve a conviction, the prosecution will need to prove that you physically injured another person (with a weapon or with your body) on purpose (rather than accidentally).

Aggravated assault defined in Maine

In Maine, aggravated assault is a serious criminal offense that carries severe legal consequences. Governed by Maine Revised Statutes Title 17-A §208, aggravated assault is an elevated form of assault that results in felony charges. Unlike simple assault, which is often classified as a misdemeanor, aggravated assault involves factors that increase the severity of the offense, leading to more significant penalties.

What Elevates an Assault to Aggravated Assault?

An assault charge in Maine can be upgraded to aggravated assault if any of the following circumstances apply:

• Serious Bodily Injury: If the assault causes a substantial risk of death, prolonged recovery, or significant pain and suffering, it may be classified as aggravated assault.
• Permanent Disfigurement or Impairment: If the victim suffers permanent scarring, disfigurement, or loss of function of an organ or limb, the charge is elevated.
• Use of a Dangerous Weapon: Assault involving firearms, knives, blunt objects, or other dangerous weapons is considered aggravated assault.
• Extreme Indifference to Human Life: If the defendant’s actions show reckless disregard for human life, an assault charge may be escalated. This can be determined by factors such as:
  • The number, location, and severity of the injuries.
  • The method of attack and whether excessive force was used.
  • Whether the victim was left in a life-threatening condition.
• Choking or Strangulation: Applying pressure to a person’s neck or throat in a way that restricts airflow or blood flow is considered an aggravating factor and can automatically lead to a felony assault charge.

Penalties for aggravated assault in Maine

In Maine, aggravated assault is considered a felony offense, carrying severe legal consequences that can impact your freedom, future, and reputation. The penalties you face depend on the degree of the charge, the severity of the injuries, and whether aggravating factors—such as the use of a weapon or intent to cause serious harm—were involved.

Class B Felony – Standard Aggravated Assault

Most aggravated assault charges in Maine are classified as Class B felonies, which come with significant penalties, including:

• Up to 10 years in prison
• Fines of up to $20,000
• Up to three years of probation

A Class B felony is often charged when the assault results in serious bodily injury, but the circumstances do not rise to the level of a Class A felony.

Class A Felony – Elevated Aggravated Assault

In more serious cases, aggravated assault may be charged as a Class A felony, which carries even harsher penalties, including:

• Up to 30 years in prison
• Fines of up to $50,000
• Up to four years of probation

A Class A elevated aggravated assault charge typically applies when the victim suffers life-threatening injuries, permanent disfigurement, or if the defendant demonstrated an extreme disregard for human life.

Negotiating a lesser offense for aggravated assault in Maine

If you have been charged with aggravated assault in Maine, you are facing serious felony penalties, including lengthy prison time, heavy fines, and a permanent criminal record. Given the severity of these consequences, securing experienced legal representation should be your top priority. A skilled Maine criminal defense attorney can assess the case against you, develop a strong defense strategy, and explore options to reduce or dismiss the charges.

Can an aggravated assault charge be reduced?

Depending on the circumstances of your case, the available evidence, and your criminal history, your attorney may negotiate with the prosecution to reduce the charge to a lesser offense. While a full dismissal is the ideal outcome, if the evidence against you is strong, a plea deal may be the most strategic option to minimize penalties and avoid a felony conviction.

Aggravated assault with a dangerous weapon and serious bodily injury

If you are facing aggravated assault charges in Maine, the offense can be classified as a Class B felony, carrying severe penalties including up to 20 years in prison. The specific circumstances of the assault—especially whether it involves serious bodily injury, the use of a dangerous weapon, or extreme indifference—can significantly impact the charges and the penalties you face.

Conditions that elevate an assault to aggravated assault

In Maine, aggravated assault is classified as a Class B felony when the following conditions are met:

Serious bodily injury

“Serious bodily injury” refers to any injury that results in a substantial risk of death or causes significant and permanent disfigurement, the loss or impairment of the function of any bodily organ or limb, or requires extended convalescence for physical recovery. This definition highlights the severity of the injuries involved and significantly increases the severity of the charges.

Use of a Dangerous Weapon

An assault involving a dangerous weapon can also elevate the charge to aggravated assault. In Maine, a dangerous weapon includes any object—whether animate or inanimate—that can be used in a way that could cause death or serious bodily injury. This is not limited to conventional weapons like guns or knives; everyday objects such as a stick, bottle, or even a vehicle can be considered dangerous weapons depending on how they are used in the assault.

Extreme Indifference or Choking

Extreme indifference to human life and choking are additional factors that elevate the charge to aggravated assault in Maine. The manner in which the injury is inflicted, the number and location of the injuries, and the observable physical condition of the victim are all considered. This includes cases where strangulation or choking is involved. Strangulation is defined as intentionally impeding the breathing or circulation of another person by applying pressure to their throat or neck, leading to a heightened risk of serious injury or death.

Choking and Domestic Violence

It’s important to note that the strangulation provision has become a significant factor in domestic violence assault cases. The intentional act of choking not only elevates the severity of the charge but can also lead to harsher penalties under Maine law. If you are facing allegations involving domestic assault with strangulation or choking, the charge could be considered aggravated assault, carrying significant legal consequences.

Penalties for aggravated assault with a dangerous weapon

If you are convicted of aggravated assault involving a dangerous weapon or serious bodily injury, the penalties can be severe. Depending on the specific facts of the case, Class B felony convictions carry up to 20 years in prison, along with substantial fines and probation.

If the charge is escalated to a Class A felony, penalties can be even more severe, including up to 30 years in prison and a $50,000 fine.

Felony assault for young victims in Maine

A simple assault with bodily injury can be elevated to a Class C felony if it involves a victim under the age of six years.

To be convicted of this, it must be proven that:

• The defendant was at least 18 years old at the time of the offense
• The victim was under the age of six years at the time of the offense
• Bodily injury was caused
• The actions were intentional or reckless

The offense is punishable by up to five years in prison.

Felony assault for prior convictions in Maine

Another way that a misdemeanor charge can be elevated to a felony aggravated assault charge is if the defendant has two prior convictions in the past 10 years.

This only applies to convictions for certain offenses, including:

• Assault
• Criminal threatening
• Reckless conduct or another offense listed in Chapter 9
• Certain types of sexual assault
• Kidnapping or criminal restraint
• Aggravated criminal trespass
• Robbery
• Assault on an officer
• Assault on an emergency medical care provider

In such cases, the assault can be charged as a Class C felony with up to five years in prison.

Why hire an aggravated assault defense lawyer in Maine?

Facing an aggravated assault charge in Maine is a serious matter with potentially severe consequences, including lengthy prison sentences, heavy fines, and a permanent criminal record. The complexity of these cases makes self-representation risky. An experienced criminal defense attorney can challenge the prosecution’s evidence, identify weaknesses in the case, and help mitigate the penalties you face. With the potential for a Class A or Class B felony conviction, it is crucial to have a skilled lawyer by your side to protect your rights and future.

At The Maine Criminal Defense Group, our dedicated attorneys specialize in defending clients throughout Southern Maine. We understand the intricacies of Maine’s criminal justice system and will fight for the best possible outcome, whether through case dismissal, reduced charges, or a strong defense at trial. Don’t risk your future—contact our office today for expert legal representation and personalized defense strategies.

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