MAINE CRIMINAL LAW
Criminal law in Maine includes a variety of offenses, ranging from minor violations to more serious misdemeanors and felonies. Punishments and sentences vary according to many different factors such as the circumstances surrounding the crime and whether or not you have a prior record. This article addresses some common topics in Maine criminal law. If you have been charged with a crime in Maine, it is advisable to contact a Maine criminal defense attorney who can help you raise the best possible defenses.
Drug Possession in Maine
In Maine, a person is guilty of unlawful possession of a drug if the person intentionally or knowingly possesses what that person knows or believes to be a scheduled—i.e., designated controlled—drug. Drug possession carries different fines and penalties based on the "schedule" under which the drug is classified.
Marijuana possession and use in Maine is lawful for people with certain medical conditions; in general, however, it is illegal to possess marijuana. A person who possesses less than 1 and ¼ ounces of marijuana commits a civil violation accompanied by a fine between $350 and $600. For amounts over 1 and ¼ ounces, the fine is between $700 and $1,000.
Contact a Maine criminal defense attorney for more information on drug possession and related fines and sentences in Maine.
Assault in Maine
A person is guilty of assault if the person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. The penalties are up to one year in jail or, if the court chooses to set an alternative, a fine that is at least $300.
To be guilty of aggravated assault, the injury must be serious; inflicted by a dangerous weapon, or inflicted under circumstances demonstrating an "extreme indifference to the value of human life." In elevated aggravate assault, the dangerous weapon causes serious injury, or else the circumstances surrounding the crime demonstrate a "depraved" indifference to the value of human life. Aggravated assault carries potential jail sentences of up to ten years, and elevated aggravated assault is subject to jail terms of up to thirty years.
If you or a loved one is facing an assault charge, you are encouraged to speak with a Maine criminal defense attorney about possible defenses.
Maine Drunk Driving – OUI
Drunk driving is an increasingly common charge. If you are facing an Operating Under the Influence (OUI) charge in Maine, you should contact a Maine OUI attorney who can talk with you about the potential consequences of conviction; these include suspension or revocation of your drivers' license, fines, and jail time.
Right to a Jury in Maine
Criminal defendants in Maine have a right to a trial by jury. In criminal proceedings for Class D and Class E crimes—crimes that carry less severe punishments—the defendant may waive his or her right to jury trial and elect to be tried in the Maine District Court, as provided by rule of the Supreme Judicial Court.
Trial Date in Maine
The trial of any criminal case, except for a crime punishable by imprisonment for life, may be postponed by the Maine court to a future day of the same term. Also, the jury may be discharged and the case continued, if justice will thereby be promoted.
Sentence Reviews & Appeals in Maine
In cases arising in the District Court or the Superior Court in Main, where a defendant has been convicted of a criminal offense and sentenced to a term of imprisonment of one year or more, the defendant may apply to the Maine Supreme Judicial Court for review of the sentence. Some exceptions include when there was no different sentence that could have potentially been imposed, and in cases involving plea agreements.
In most criminal proceedings in the District Court, a defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court of the state. If an appeal from the Maine District Court must be taken to the Maine Superior Court, the appeal must be to the Superior Court in the county where the offense on which the judgment of conviction or order was rendered is alleged to have been committed.
Contact a Maine criminal defense lawyer to determine whether you or someone you know might be eligible for a sentence review or appeal.
Maine Statutes
Click here to reference the applicable Maine statutes:
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