Maine Assault Charges
Serving all of Maine Including Augusta, Saco, Bangor, Biddeford and Portland
One of the most common types of violent crimes is assaults. An assault charge can result in serious penalties including jail time, fines and more. Violent crimes of any type can lead to years in jail and steep fines. Assault is a common crime because the only qualification for a charge is that you intentionally hurt someone. Many assault cases arise simply from one person's accusations and this has been proven enough evidence to convict.
Under Maine law Title 17-A, §207, assault is defined as “intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person”. If you are over the age of 18 and cause injury to a minor under the age of 6, you will experience even more serious penalties. An assault can occur in any time one person intentionally harms another person or is aware that their actions are causing harm but does not stop. Maliciousness is not a requirement of assault. For example, punching someone as a joke can still be considered assault. The offender might not have been angry but was aware of their actions and purposefully hit the victim.
In order for an assault charge to stick, two factors will need to be proven. The first is that an act of violence happened. This can really be anything from a kick or slap to pulling or hair or a violent tug on the arm. Assault can also involve the use of weapons. Threatening violence or attempting to hurt someone is not enough to warrant an assault charge. The second factor is intent. The offender must have done the act on purpose in order for the event to be considered assault. A person swinging their arm and accidentally hitting someone in the face would not be considered assault because there was no intent to harm.
Assault charges are class D crimes and assault of a child is a class C crime. If you are convicted of a class D crime, you may face a year in jail and $5,000 in fines and fees. Class C crimes are punishable by 5 years in jail and $5,000 in fines. The best way to avoid these consequences is to fight for your innocence. There are many defense possibilities available with the aid of a criminal defense lawyer.
Maine Aggravated Assault
When your actions are more serious than a simple assault, you could be charged with aggravated assault. Under Maine State law §208, there are several scenarios that can lead to aggravated assault charges. The first is if serious bodily injury occurs from your actions. While simple assault applies to any type of injury or offensive contact, if the alleged victim is seriously hurt, you could face aggravated assault allegations. Assaults that involve the use of weapons are often considered aggravated assaults as well. Anything from a gun or knife to brass knuckles or a metal instrument can be considered a weapon. Finally, if you display little regard for human life you could face aggravated assault charges. When you strangle a person or attack them in such a way that they easily could have been killed, you are showing that you had no regard for their life and therefore you will be charged with aggravated assault.
Aggravated assault offenses are class B crimes and are more serious than simple assaults. A class B crime can result in a sentence of 10 years in jail and $20,000 in fines. Aggravated assault is a crime that can affect you for the rest of your life and long after your sentence is completed. When you have a violent criminal offense on your record, you will be looked over for jobs, school admissions and even loans.
Gross Sexual Assault in Maine
When an assault involves sexual conduct, it is called gross sexual assault. Many situations can lead to gross sexual assault charges but basically, if you are charged with forcing a sexual act with another person against their will, you can be found guilty of gross sexual assault. These crimes are can be Class A, B or C offenses and can lead to 5 to 30 years of jail time and up to $50,000 in fines.
A gross sexual assault offense occurs when there is sexual contact and any of the following situations apply:
- The other person feels compulsion to engage in the sexual act
- The other person is under the age of 12
- The other person has been drugged or intoxicated
- The other person is threatened into complying
- The victim is not mentally sound or is unconscious
Maine Assault Defense Attorney
If you are facing any type of assault charge in Maine, the attorneys at Law Office of William T. Bly can help you. You will speak to one of our experienced lawyers who can explain more about the criminal process. There are always defense options available regardless of the aspects of your case. Contact our offices today to discuss your case and how we can help you.