Best Assault & Battery Lawyers in Maine

About Assault & Battery Law in Maine, United States

Assault and battery are distinct yet closely related criminal offenses in Maine. While "assault" involves intentionally, knowingly, or recklessly causing or attempting to cause bodily injury or offensive physical contact to another person, "battery" is not recognized as a separate crime under Maine law. As a result, all physical attacks and threats fall under the wider category of "assault." Maine’s laws encompass a range of behaviors from threats of harm to actual physical injury, with penalties varying based on the severity and circumstances of each situation.

Why You May Need a Lawyer

There are several situations in which the help of a lawyer is essential if you are involved in an assault case in Maine. You might need legal assistance if:

• You have been arrested or charged with assault.
• You are being investigated or questioned in connection with an assault allegation.
• You are a victim seeking to press charges or secure a restraining order.
• You want to understand your legal rights following an altercation that could result in criminal or civil liability.
• You face aggravated circumstances, such as weapon use or injury to a protected class (such as a minor or law enforcement officer).
• Your case involves self-defense claims or false accusations.
• You have prior convictions, which could affect the charges or penalties.
• You need representation in court or during negotiations with prosecutors or other parties.

A qualified lawyer can explain your options, defend your rights, and work toward the best possible outcome in your case.

Local Laws Overview

Maine law divides assault offenses into several categories based on severity and circumstances:

• Simple Assault: Knowingly, intentionally, or recklessly causing bodily injury or offensive physical contact is classified as a Class D crime, which is a misdemeanor.
• Aggravated Assault: If the assault causes serious bodily injury, involves a dangerous weapon, or is performed in a particularly reckless or indifferent manner, it becomes a Class B felony. This carries much harsher penalties, including longer prison sentences and larger fines.
• Domestic Violence Assault: Assault occurring between family or household members may trigger additional charges and penalties, including the issuance of protection (restraining) orders.
• Assaults on Protected Victims: Assaulting law enforcement officers, first responders, health care workers, the elderly, or persons with disabilities leads to increased criminal penalties.

Maine law enforces mandatory arrest procedures in domestic violence cases and places significant emphasis on preventing further harm to alleged victims. Judges can grant protective orders and impose no-contact conditions as part of bail or sentencing. Convictions can lead to not only imprisonment and fines but also consequences for employment, housing, and gun ownership rights.

Frequently Asked Questions

What constitutes assault under Maine law?

Assault in Maine means intentionally, knowingly, or recklessly causing bodily injury or making offensive physical contact with another person. You do not have to cause serious injury for a charge of assault to apply.

Is there a separate crime of battery in Maine?

No, Maine does not have a separate "battery" offense. Behavior typically defined as battery in other states is covered under the general assault statute in Maine.

What are the penalties for assault in Maine?

Simple assault is a Class D crime, which can lead to up to 364 days in jail and fines up to $2,000. Aggravated assault, a Class B felony, can result in up to 10 years in prison and much higher fines.

Can I be charged with assault if I did not actually hit someone?

Yes. Attempting to cause bodily injury or making offensive physical contact, even if you do not succeed, can result in assault charges.

What should I do if I am falsely accused of assault?

You should contact a criminal defense lawyer immediately. Do not try to talk to the alleged victim or the police without legal representation.

Is self-defense a valid argument in an assault case?

Yes. Maine law allows the use of reasonable force in self-defense or defense of others, but courts closely examine the facts to ensure the force was necessary and proportional.

Can an assault charge be dropped by the alleged victim?

While a victim can express a desire to drop charges, the final decision is up to the prosecuting authorities, not the victim. Prosecutors may proceed with a case even if the victim withdraws support.

Are there enhanced penalties for domestic violence assault?

Yes. Assaults involving family or household members result in more severe charges, special bail conditions, and may trigger protective orders.

Will an assault conviction affect my record?

Yes. An assault conviction in Maine is a criminal record that can affect future employment, housing, and can impact your right to possess firearms.

What happens if I violate a protective order related to assault?

Violating a protective (restraining) order is a separate criminal offense and can result in immediate arrest and additional penalties, including jail time and fines.

Additional Resources

If you need more information or support regarding assault cases in Maine, consider reaching out to the following resources:

• Maine Judicial Branch - Legal Forms and Court Information
• Maine Department of Public Safety - Victim Services
• Maine Coalition to End Domestic Violence
• Maine State Bar Association (for lawyer referrals)
• Local police departments and victim advocates
• Community Legal Aid Services

Next Steps

If you are facing an assault accusation, are a victim in need of protection, or simply need legal advice about an incident, here is how you should proceed:

• Contact a lawyer experienced in criminal law and specifically assault cases in Maine.
• Gather any evidence or documentation related to the incident, including witness information, medical records, or photographs, which may be important for your defense or claim.
• Follow any court orders and avoid contact with the other party if instructed by law enforcement or a court.
• Consult with victim services or legal aid organizations if you are unable to afford private counsel.
• Attend all scheduled court dates and appointments with your lawyer.

Taking prompt action and getting the right legal support is crucial to protecting your rights and achieving the best possible result in your case.