Assault is a serious criminal charge in any situation in Maine. When the alleged assault is against a police officer, the consequences can be even harsher.
Sometimes, during questioning or an arrest by a law enforcement officer, an individual feels harshly treated or objects to the actions of the officer, leading to physical resistance. This can result in a charge of refusing to submit to arrest and, in more serious cases, assault on an officer.
Assault on an officer is often a more serious charge than the original crime that the subject was being investigated for. It is an automatic felony charge in Maine, so it is essential to understand more about this offense if you are facing charges.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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What is “assault on an officer” in Maine?
Unfortunately, physical altercations sometimes result between police officers and the individuals they are investigating. Often this is due to misunderstandings, ignorance of the law, perceived heavy-handed approaches from officers, intoxication, or stress.
Striking, slapping, shoving, pushing, or otherwise physically assaulting a police officer is never a good idea. Try to remain calm and polite when being questioned or arrested. A criminal defense lawyer can help you answer the charges later and arguing is likely to worsen your position.
Individuals who are physically aggressive towards police officers—whether they cause injury or not—may end up not only with a criminal charge for the initial offense being investigated, but a felony charge for assaulting an officer as well.
The Maine statute for assault on an officer
To understand more about the precise nature of this offense, let us refer to the relevant Maine statute, which states that a person has committed an assault on an officer if:
- “That person intentionally, knowingly, or recklessly causes bodily injury to a law enforcement officer while the officer is in the performance of his official duties, or
- While in custody pursuant to an arrest or pursuant to a Court order, the person commits an assault on a corrections officer, corrections supervisor, or another member of the staff of an institution while the staff member is performing official duties.”
Under the statutory definition of assault, a criminal “assault” is any form of contact that is offensive to another person—whether it causes injury or not.
This law covers assaults not only on police officers but also on corrections officers carrying out their official duties in jails and prisons.
Example of an assault on an officer
Jerome attended a protest event on climate change in Augusta with his friends. As part of the protest, the group decided to sit down and block the road for passing traffic.
When police officers asked the group to disperse, they refused. The police proceeded to forcibly remove the protestors and Jerome lashed out at a police officer who tried to move him. The police officer sustained a small bruise, and Jerome was immediately taken down and arrested by two other officers. He was charged with the felony offense of assault on an officer.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
What are the consequences of assault on an officer in Maine?
You can expect little sympathy from the justice system in Maine for an assault on an officer charge. The prosecutor is likely to seek a Class C felony charge. This comes with a maximum penalty of:
- Up to five years in prison
- Up to $5,000 in fines
The defendant may also face another charge if the assault occurred during an investigation or arrest for an initial alleged offense.
Bear in mind that a felony conviction stays with you for life. Whenever a background check is performed by a potential employer, educational institution, border officer, or immigration official, the details of your felony conviction will show up. You will also lose your Second Amendment right to own or possess firearms.
This can severely impact your future, so it is important to treat the charge seriously and give yourself the best possible chance of escaping a conviction.
A felony conviction is not straightforward
A felony charge is different from a conviction. You can potentially escape the worst consequences of your actions, even if the evidence against you seems overwhelming—especially if you have an otherwise clean criminal record.
To achieve a conviction for assault on an officer, for instance, the State must prove the defendant’s state of mind was intentional, knowing, or reckless at the time the alleged crime was committed, which can be challenging.
Like all those facing felony charges in Maine, to be convicted, you first need to be indicted by a Grand Jury. You will need to attend an initial appearance in court and, after being indicted, you will be formally charged and arraigned, where the charges are read and you enter your plea.
By this stage, you should have spoken to your criminal defense lawyer and plead not guilty to the charge.
There are opportunities to settle the case without a trial, notably at the Dispositional Conference. The possible outcomes from here include:
- Case dismissal: Sometimes, the District Attorney dismisses the charges due to lack of evidence or a procedural misstep, for example.
- Plea arrangement: The defendant agrees to plead guilty to a lesser charge, such as a simple assault charge, which is a Class D misdemeanor rather than a felony.
- Jury verdict: if the case goes to trial, a jury will decide on a defendant’s guilt or innocence after hearing all the evidence. If found guilty, the judge will determine the sentence.
Why hire a Maine criminal defense attorney?
Few people are equipped to handle a felony charge alone. The Maine justice system is intimidating and confusing without legal guidance. State prosecutors in felony cases can be tenacious and aggressive.
By working with an experienced, local criminal defense attorney in Maine, you benefit from the support and legal expertise of a professional who is on your side and committed to protecting your rights.
Your lawyer will gather evidence that supports your case and prepare your defense. We will communicate with the prosecutor, court personnel, and judge as the case progresses, looking for opportunities to diminish the consequences you face.
Your lawyer will protect your rights and fight the case against you, making the prosecutor’s job of proving guilt far more challenging than if you try to fight it alone.
For experienced legal help with any criminal offense, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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