Aggravated Assault: A Serious Violent Crime in Maine
Aggravated assault is one of the most serious types of assault charges in Maine, second only to offenses like murder, attempted murder, or gross sexual assault. It is categorized as a violent crime and typically involves inflicting serious bodily injury on another person—often with a weapon or under circumstances showing extreme indifference to human life.
Social attitudes and legal standards surrounding assault have evolved significantly in recent decades. What might have once been treated as disorderly conduct can now lead to felony prosecution and years of incarceration. For example, an act like striking someone with a beer bottle—especially if it results in hospitalization—can now be prosecuted as aggravated assault.
The Maine criminal justice system is both complex and heavily weighted in favor of the prosecution—especially in cases involving violent crimes. Prosecutors are often aggressive in seeking the maximum penalties, and individuals who attempt to navigate the system without experienced legal counsel place themselves at serious risk.
If you’re convicted of aggravated assault in Maine, you face up to 10 years in prison, a $10,000 fine, and a lengthy probation period. At The Maine Criminal Defense Group, we know how to challenge the evidence, assert your rights, and fight for the best possible outcome in these high-stakes cases.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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What is Considered Aggravated Assault in Maine?
Under Title 17-A, §208 of the Maine Criminal Code, a person commits aggravated assault when they intentionally, knowingly, or recklessly cause serious bodily injury under particularly dangerous or violent circumstances. It is one of the most serious violent crimes prosecuted in the state.
Aggravated assault in Maine typically involves one or more of the following elements:
- Serious bodily injury inflicted on the victim (such as broken bones, disfigurement, or hospitalization);
- Use of a dangerous weapon during the assault (such as a knife, bat, or tire iron);
- Conduct that shows extreme indifference to the value of human life, as reflected in the severity of the injuries, how they were inflicted, or the condition of the victim.
In some cases, strangulation may elevate a charge to aggravated assault—particularly in domestic relationships such as between spouses or intimate partners. Maine law recognizes strangulation as an inherently life-threatening act, and it frequently results in charges of Aggravated Domestic Violence Assault.
Examples of Aggravated Assault in Maine
Aggravated assault charges may be filed for incidents such as:
- Beating someone to the point of hospitalization
- Causing internal injuries or permanent damage
- Using a weapon to strike or stab a person
- Inflicting injuries that result in loss of mobility or the need for long-term physical therapy
- Causing permanent loss or impairment of a body part
Because aggravated assault is classified as a Class B felony in Maine, a conviction can result in up to 10 years in prison, steep fines, and long-term probation. The stakes are high, and a skilled criminal defense attorney can help challenge the prosecution’s case and seek reduced or dismissed charges.
What Are the Defenses to Aggravated Assault Charges in Maine?
When facing a charge as serious as aggravated assault, it’s critical to understand that legal defenses are often available—especially in cases involving violent crimes, where facts can be complex and perspectives can vary significantly. In many situations, the distinction between a victim and a defendant isn’t always clear-cut.
One of the most common and powerful defenses to aggravated assault is self-defense. Maine law allows individuals to use reasonable—and in some cases, deadly—force to protect themselves or others from harm. However, the use of deadly force is only legally justified under specific conditions, such as:
- You reasonably believe that imminent deadly force will be used against you or someone else;
- You have no reasonable opportunity to safely retreat from the situation.
Importantly, deadly force is not justified solely to protect property, except in narrowly defined situations involving arson.
Another possible defense may not dispute the occurrence of an assault, but instead focuses on whether the injuries meet the legal definition of serious bodily injury. For an aggravated assault conviction, the prosecution must prove beyond a reasonable doubt that the injuries were severe enough to meet Maine’s threshold for felony charges. If a judge or jury finds that the injuries were less serious, the charge may be reduced—or dismissed entirely.
As with all criminal charges in Maine, the burden of proof lies entirely with the State. Prosecutors must prove each and every element of the alleged offense beyond a reasonable doubt. A skilled defense attorney can raise doubts, challenge the evidence, and present alternative narratives that align with the legal standards for self-defense, mistaken identity, or insufficient injury severity.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Can an Aggravated Assault Charge Be Reduced to Simple Assault in Maine?
Yes—in some cases, an aggravated assault charge in Maine can be reduced to simple assault, depending on the circumstances and the strength of the prosecution’s evidence. This type of reduction is typically achieved through strategic legal negotiation or a successful defense that challenges key elements of the aggravated assault charge.
The distinction between aggravated assault and simple assault comes down to the severity of the injuries, the use of a weapon, and whether the alleged conduct showed extreme indifference to human life. If your defense attorney can demonstrate that:
- The injuries do not meet Maine’s legal definition of serious bodily injury;
- No dangerous weapon was used;
- Or the circumstances do not rise to the level of extreme indifference;
then the prosecutor may be persuaded to reduce the charge to a Class D misdemeanor assault, which carries significantly lighter penalties than a Class B felony.
Plea negotiations, evidentiary challenges, and expert testimony may all play a role in securing a charge reduction. If successful, this could mean avoiding a felony conviction, prison time, and the lifelong consequences of a violent crime on your record.
What Is Considered a “Dangerous Weapon” in Maine and How Can It Impact an Aggravated Assault Charge?
A “dangerous” weapon is a weapon that can be used to inflict death or serious bodily harm. The use of a dangerous weapon in an assault results in a charge of aggravated assault rather than simple assault. All firearms are considered dangerous weapons, and certain other weapons, such as baseball bats, can also be considered as such.
What Is Elevated Aggravated Assault in Maine and How Is It Different From Aggravated Assault?
Elevated aggravated assault is the most serious level of assault charge under Maine law—more severe than standard aggravated assault. It typically involves additional aggravating factors, such as intentionally causing serious bodily injury with a dangerous weapon, or engaging in conduct that demonstrates an extreme indifference to the value of human life.
Unlike aggravated assault, which may involve non-lethal injuries or reckless behavior, elevated aggravated assault usually requires proof of intentional harm and life-threatening injuries. This offense is classified as a Class A felony, punishable by up to 30 years in prison, making it one of the harshest penalties for a violent crime in Maine.
Can Using Only Your Fists Be Considered “Deadly Force” Under Maine Law?
Yes, under certain circumstances. It all depends on your intentions and on the way you used your fists. If you have been trained to use your fists in a deadly manner (in the military, for example) and use them in that manner, the use of your fists could be considered the use of deadly force. Keep in mind, however, that under certain circumstances the use of deadly force is legally justified.
Speak With an Experienced Aggravated Assault Defense Lawyer in Maine
Aggravated assault charges can lead to life-changing penalties—including felony convictions, prison time, and lasting damage to your reputation. If you’re facing allegations of violent crime, don’t navigate the Maine criminal justice system alone.
At The Maine Criminal Defense Group, we bring decades of experience to defending clients accused of aggravated assault and other serious offenses. We’ll review the details of your case, explain your legal options, and fight to protect your rights every step of the way.
Call us today at (207) 571-8146 or contact us online to schedule a confidential consultation. Early action can make all the difference in your defense.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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