Is Aggravated Assault a Felony or Misdemeanor in Maine?

“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.

Is it possible to negotiate a lesser offense for aggravated assault in Maine?

If charged with aggravated assault, you are facing lengthy jail time. As such, one of your first moves should be to seek legal representation from a Maine criminal defense attorney well versed in these cases.

Depending on the available evidence and your version of events, your lawyer may attempt to push for case dismissal. If that is not possible, you can elect to go to trial.

However, in some cases where the evidence against you is strong, the best defense strategy may be to negotiate with the prosecution in an attempt to get the charges reduced. It may be possible to negotiate a felony offense down to a misdemeanor if you agree to certain conditions.

How does Maine define assault and aggravated assault?

Under the Maine Revised Statute Title 17-A §207, 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).

The Maine Revised Statute Title 17-A §208 deals with the crime of aggravated assault. This is an elevated version of the offense resulting in a felony charge.

A simple assault charge can be upgraded to aggravated assault if any of the following circumstances are present:

• The bodily injury causes a substantial risk of death or extends the convalescence period for the victim.
• It causes permanent disfigurement or the impairment/loss of function of an organ or limb.
• A dangerous weapon is used in the commission of the crime.
• Extreme indifference to the value of human life is exhibited by the defendant in the commission of the crime.

For the last element, factors such as the number, location or nature of the injuries and how the injuries were inflicted will be considered. If choking or strangulation were used, this can also elevate an assault charge to aggravated assault.

What are the penalties for aggravated assault in Maine?

Aggravated assault is usually regarded as a Class A or a Class B felony offense in Maine.

The exact nature of the penalties faced for a conviction depends on the facts and circumstances, as always, but for a Class B conviction, a prison sentence of up to 10 years, a fine of up to $10,000 and three years of probation is possible.

For a Class A aggravated assault offense, 30 years in prison, four years of probation, and a fine of $50,000 is the maximum sentence.

Aggravated assault with a dangerous weapon and serious bodily injury

Aggravated assault can be charged as a class B felony, punishable by up to 10 years in prison if one of the following three conditions is met:

1.     Serious bodily injury

“Serious bodily injury means a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for recovery of physical health.”

2.     Use of a dangerous weapon

“Use of a dangerous weapon” means the use of a firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which, in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.”

Note that the weapon does not need to be a gun or knife – a stick, bottle, or even a car may be classed as a deadly weapon.

3.     Extreme indifference or choking

“Such circumstances include, but are not limited to, the number, location or nature of the injuries, the manner or method inflicted, the observable physical condition of the victim or the use of strangulation. For the purpose of this paragraph, “strangulation” means the intentional impeding of the breathing or circulation of the blood of another person by applying pressure on the person’s throat or neck.”

The strangulation (choking) provision is a relatively recent addition and is commonly applied in domestic violence assault cases.

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 a lawyer for Maine aggravated assault charges?

If you are charged with aggravated assault in Maine, self-representation should not be an option that you seriously consider. The potential consequences are too severe to take any risks – your freedom is at stake.

The best chance you have of avoiding very harsh penalties is to seek representation from a criminal defense lawyer who has defended Maine aggravated assault charges and is familiar with the local justice system.

Beyond the immediate jail sentence that you can expect for a felony aggravated assault conviction, the longer-term consequences include a permanent criminal record that follows you around for life and may affect employment, housing, education, immigration status and more.

Speak to a defense lawyer at The Maine Criminal Defense Group if aggravated assault charges have been filed against you. Our aggravated assault attorneys are well-connected within the local judicial system and understand how Maine prosecutes and dismisses these cases.

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