Experienced stalking defense attorneys in southern Maine
Most stalking charges in Maine don’t begin with anyone trying to cause harm. They begin with repeated contact that another person read as threatening, often after a relationship ended, a custody fight turned bitter, or ordinary messages were taken the wrong way. Under Maine law, the question is not what you meant but how a reasonable person would interpret what you did, and that gap is where a real defense begins.
William Bly founded The Maine Criminal Defense Group to give people facing these charges a genuine advocate. Our firm defends stalking cases across southern Maine, and we know how fast a misunderstanding can turn into a criminal accusation.
If you have been charged with stalking or believe you are under investigation, contact The Maine Criminal Defense Group today to speak with William Bly about your case.
Table of Contents
What is a stalking charge in Maine?
Stalking in Maine is a repeated pattern of unwanted conduct that would cause a reasonable person to feel threatened, frightened, or seriously disrupted. It is defined under §210-A of Maine’s criminal code, and a charge has two core parts the state has to prove.
First, you must have engaged in a course of conduct, meaning a pattern rather than a single act. Second, that pattern must be enough to cause a reasonable person to experience at least one of the following:
- Serious inconvenience or emotional distress;
- Fear of bodily injury, or bodily injury to a close relation;
- Fear of death, or the death of a close relation;
- Fear of damage, destruction, or tampering with property; or
- Fear of injury to or the death of an animal owned by or in the possession and control of that person.
Only one of these has to apply. The three ideas that decide most stalking cases are the course of conduct itself, and the two harms prosecutors point to most often: emotional distress and serious inconvenience.
Course of conduct
For actions to count as stalking, they have to show a pattern. Maine law treats 2 or more acts as a pattern. Those acts can include directly or indirectly following the alleged victim, or observing, monitoring, threatening, harassing, or communicating with them in any way. They can also include implied threats, such as gaining access to the person’s personal information or contacting and threatening people close to them.
Emotional distress
A stalking charge can allege that your conduct caused the alleged victim emotional distress. This is a broad standard. No physical symptoms and no mental health diagnosis are required for someone to claim distress. The rule exists to protect real victims, but it also leaves room for false accusations, because there is no clean way to disprove what another person says they felt.
Serious inconvenience
A charge can also arise when the alleged victim says that avoiding contact with you caused a serious inconvenience. In practice, that can mean they changed their phone number, redirected their mail, stayed away from certain places, or reworked their daily routine before ever calling the police.
Domestic Violence and Stalking in Maine
When an offense like stalking occurs between two people with an intimate relationship, it can be considered domestic violence stalking. Maine law defines a close relationship as “a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior 6 months regularly resided in the household or any person with a significant personal or professional relationship” [2007, c. 685, §1 (AMD).]
There are many charges that are associated with domestic violence but do not actually involve violent behaving.
Offenses like stalking involve harassment and threats, but that does not mean that they are minor charges. A stalking offense can be charged as a class C or D felony and can carry serious consequences. If there is a history of domestic violence or the stalking is a violation of a protective order, the offense could be increased a class.
Penalties for Stalking in Maine
A stalking conviction can have serious penalties and can lead to a felony conviction on your criminal record. Stalking offenses are either Class C or D offenses.
- The penalties for a Class C crime include up to 5 years in jail and $5,000 in fines.
- Class D crimes can lead to a year in jail and $2,000 in fines.
In addition, you could also be issued restraining or protective orders that make contact with the victim a felony offense. When dealing with stalking charges, the classification of your crime also depends on your past criminal record. If you have previously been convicted of stalking or another domestic violence charge, the penalties will be even steeper.
5 Examples of Stalking in Maine
Below is an overview of 5 fictional scenarios that meet the criteria of stalking, provided they are done repeatedly or frequently.
Following someone home every night
For the past three months, Ruby’s co-worker, Joe, has been following her home every night after work and parking outside her apartment building for hours. She has become so stressed that she seriously considers moving.
Showing up at places the victim is known to frequent
Paul and Anna broke up over a month ago, but she continues to “run into” him while he’s frequenting his favorite stores, restaurants, and bars. Paul feels so uncomfortable that he changes his routines, but somehow Anna finds out where he is and shows up.
Constantly emailing or texting the victim
Sadie met Daniel when he was hired to oversee her company’s IT department. He asked her out and she politely declined, but he kept emailing and texting her. Sadie finally complained to Human Resources, but Daniel quit and continued the unwanted communications. He frequently texts her disturbing messages and images throughout the day and night.
Making harassing phone calls
Julie and her new neighbor recently had a dispute over the latter’s late-night partying. Now he calls her regularly to curse her out, leave abusive voice messages in which he threatens to damage her home, or simply interrupts her day and hang up. It has gotten so bad that she wants to change her number.
Sending unwanted gifts
After Stephanie tired of Allan’s controlling behavior, she left him. He keeps pleading for her to return and sends flowers, chocolates, and other gifts to her home and workplace. She has asked him to stop, but he refuses. Daniel’s unwanted gifts have become disruptive at Stephanie’s office and she is worried that if Daniel continues to send her flowers and gifts to her workplace that she will soon be out of a job.
In Maine, stalking is a typically a Class D crime punishable by up to 364 days in jail and a $2,000 fine. Anyone with one or more prior convictions faces conviction for a Class C offense, which entails up to five years in prison and a $5,000 fine. In either case, they will have a criminal record that can harm their employment prospects, access to housing, and chances of getting custody of their children in a divorce or separation.
If you are accused of stalking, there are several defenses that can be presented by an experienced attorney. They could argue that the accusations aren’t credible or that your actions would not cause a reasonable person to be afraid. Some activities (for example, yelling at or heckling a political figure) can be presented as Constitutionally-protected free speech.
Contact our Maine stalking & harassment defense attorneys for help
If you have been accused of stalking or harassment in Maine, you have options. Our criminal defense firm works to not only assist people who are facing criminal charges but to help them build strong defenses. Our attorneys know that an arrest does not mean that you are guilty. We are highly experienced in all areas of domestic violence and have a deep understanding of Maine law. Using our collective knowledge and past experiences, we can provide you with superior legal representation. Contact us directly online or call us at (207) 571-8146 and let us help you get your life back.
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