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Both federal and state laws come into play with firearm prohibitions in Maine.

Under federal law, individuals convicted of a felony or some domestic violence misdemeanors are generally prohibited from purchasing or possessing firearms. The federal laws are general enough to allow many people who pose a significant risk to the public to still legally own a firearm.

The Maine Legislature effectively tightens up the requirements for possessing a firearm and extends the restrictions to individuals not covered by the federal laws. Let’s take a closer look.

Firearm prohibitions in Maine

Under federal law, individuals are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony. The prohibition also applies to some domestic violence misdemeanors and protective orders related to domestic violence or serious mental conditions.

The federal law contains some notable weaknesses that allow some criminal offenders or individuals who show disturbing mental disturbance or have violent tendencies to still obtain firearms.

Maine’s gun possession laws state that nobody can possess a firearm if he/she has been convicted of committing a crime (or found not criminally responsible for committing the crime because of insanity) if any of the following applies to the crime:

• It is punishable by imprisonment for one year or more under Maine law.
• It is punishable by imprisonment for a term exceeding one year under federal law.
• It is punishable by imprisonment for a term exceeding one year in another state (excluding crimes classified as misdemeanors in the state carrying a penalty of imprisonment of two years or less).
• It is “elementally substantially similar” to a crime under Maine law and is punishable by imprisonment for a term exceeding one year according to the law of any other state.
• It is part of a proceeding in which the prosecuting authority was required to prove that the crime was committed with the use of a dangerous weapon.
• There is a conviction for a crime of Domestic Violence Assault, regardless of whether the crime was a misdemeanor or felony.
• There is a finding of abuse in a PFA (Protection From Abuse), that person is legally obligated to turn in their firearms to local law enforcement and the gun prohibition will apply for the entirety of the term that the order is in effect.

Furthermore, gun possession restrictions also apply to individuals who engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction listed above. Whether this ban is temporary or permanent depends on whether bodily injury was threatened and caused by the conduct.

Similar firearm restrictions apply to any individuals in Maine who have been:

• Committed involuntarily to a hospital due to “a likelihood of serious harm”
• Found not criminally responsible for a charge because of insanity
• Found not competent to stand trial for a criminal charge

The possession of firearms restrictions in Maine also extend to fugitives from justice, people addicted to controlled substances, illegal aliens, individuals with dishonorable discharges from the US Armed Forces, and anyone who has renounced their U.S. citizenship.

Can you restore firearm rights if convicted of a felony in Maine?

According to Sec. 1. 15 MRSA §2168 of the Maine Legislature, a person who is prohibited from possessing a firearm due to a felony conviction may request a pardon from the Governor to restore the right to possess a firearm.

Five years from the date an offender is discharged from the sentences imposed, the individual can apply to the Maine Commissioner of Public Safety for a permit to carry a firearm, which will be valid for four years. The Commissioner will notify local law enforcement, who may object to the application, resulting in its refusal.

Even if local law enforcement does not object, the Commissioner may deny an application.

Can you possess a firearm if you have been charged with domestic violence in Maine?

Generally speaking, anyone convicted as an adult of any of the following offences in Maine (or found “not criminally responsible by reason of insanity”) cannot legally buy or carry a gun:

• Domestic violence assault
• Domestic violence criminal threatening
• Domestic violence terrorizing
• Domestic violence stalking
• Domestic violence reckless conduct

Remember, the gun prohibition also applies to convictions for any crimes in Maine punishable by a prison sentence of more than one year or a similar crime in another state, as outlined above.

Can I possess a gun if there is a protection-from-abuse order filed against me in Maine?

Under Maine’s firearm prohibition laws, nobody subject to a protection-from-abuse order where the victim is an intimate partner can possess a firearm.

Maine defines “intimate partner” as a current or former spouse, someone you have a child in common with, or someone you currently live with or used to live with.

The prohibition applies to all protection from abuse orders issued after notice and hearing in Maine or any other state, U.S. territory, commonwealth, or tribe.

What is the penalty for violating firearm prohibition laws in Maine?

Depending on the nature of the violation, offenders can be charged with a felony or misdemeanor for violating firearm prohibition laws in Maine.

Offenders may be charged with a Class C crime, a felony-level offense punishable by up to five years in prison, if they possess a gun after being convicted of a domestic assault crime or most other qualifying crimes outlined above.

However, the offender will usually be charged with a Class D crime, a misdemeanor-level offense punishable by up to one year in prison, if the offender:

• Has a protection order against them;
• Was involuntarily committed to a hospital due to the likelihood of causing serious harm;
• Was found to be “not criminally responsible by reason of insanity” or deemed “not competent to stand trial” for any crime;or
• Was a fugitive from justice.

Certain other circumstances may lead to a Class D charge, too.

Hate crimes and guns in Maine

In Maine, a crime becomes classified as a “hate crime” when someone intentionally injures, intimidates, interferes with, or oppresses another person exercising their legal rights because of bias against that person.

The use of force or threats of force to intentionally injure, intimidate, or threaten another person to interfere with their free exercise of any legal right or privilege is generally a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.

So, even those convicted of violent hate crimes in Maine may not meet the threshold for prohibiting firearms (a one-year prison sentence or more), though this depends on the precise classification of the crime in Maine.

Those convicted of Class A, B, or C hate crimes (felonies) will, however, generally be banned from accessing firearms in Maine. The severity of some crimes may be reclassified if prosecutors prove the offense was committed with the use of a dangerous weapon and deemed an aggravating factor. This will also usually result in a firearms prohibition.

If severe bodily injury was caused to the victim, gun access is likely to be very limited or prohibited. Some access to firearms may be possible if bodily injury was caused, while other hate crimes classified as Class D crimes involving the intentional use of force or credible threats to physical safety may not restrict access to guns very much at all.

Maine authorizes courts to consider hate motivation during criminal sentencing—but this is not a mandatory requirement, so it depends on the judge’s discretion.

For experienced legal help with any criminal matter, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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A common misconception about the criminal justice system is that first-time offenders automatically receive a lighter sentence or a “free pass.” While having no prior record can be a significant advantage, leniency is not guaranteed. In Florida, including Miami-Dade, outcomes for first-time offenders depend on many factors: the type of charge, the harm caused, and how effectively the case is defended. Understanding how courts approach first-time offenders is crucial if you or a loved one is facing charges.

Why First-Time Offenders May Be Treated Differently

Judges and prosecutors often recognize that not every person who commits a crime is a repeat or habitual offender. Someone who makes a single mistake may benefit more from rehabilitation than from incarceration. For this reason, Florida law provides certain opportunities that may be available to first-time defendants:

Pretrial Diversion Programs

Designed for non-violent offenses, diversion programs allow defendants to complete requirements such as counseling, drug treatment, restitution, or community service. Upon successful completion, charges may be dismissed, leaving the defendant without a formal conviction.

Withholding Adjudication

In some cases, a judge may withhold a formal finding of guilt. While the defendant must still complete probation or court-ordered conditions, this prevents the offense from becoming a permanent conviction on their record.

Probation Instead of Jail

Courts may impose probation, fines, or mandatory classes as alternatives to incarceration, especially where the defendant shows remorse and has strong ties to the community. These opportunities highlight that Florida courts often balance accountability with rehabilitation for first-time offenders.

When Leniency Is Less Likely

Not all crimes are treated the same way. Certain offenses carry stricter consequences regardless of whether it’s a defendant’s first encounter with the law.

• Violent Crimes: Charges like aggravated assault, robbery, or domestic violence are taken seriously because they involve harm or the threat of harm to others. Judges and prosecutors are less inclined to reduce penalties in these cases.
• Sex Crimes: These often carry mandatory minimum penalties, sex offender registration, and long-term restrictions. Even a first-time offender can face life-altering consequences.
• Serious Drug Crimes: While possession of a small amount of marijuana might qualify for diversion, trafficking or possession of large quantities of controlled substances can trigger mandatory prison sentences.
  

In short, the nature of the offense often outweighs first-time status.

Factors Courts Consider

Whether a first-time offender receives leniency depends on multiple circumstances, such as:

• Severity of the Crime: Non-violent, victimless crimes are more likely to qualify for alternative resolutions.
• Victim Involvement: If a victim requests prosecution or suffered serious harm, prosecutors may push for harsher punishment.
• Defendant’s Attitude: Cooperation with law enforcement and the court often influences how the judge perceives the defendant.
• Mitigating Evidence: Letters of support, proof of employment, participation in counseling, or community involvement can show that the offense was out of character.
• Legal Representation: A strong defense can identify constitutional violations (such as unlawful searches) and argue for diversion, reduced charges, or withholding adjudication.

How a Criminal Defense Attorney Helps First-Time Offenders

While first-time offenders may have more opportunities for leniency, those opportunities don’t present themselves automatically. An experienced criminal defense lawyer plays a critical role in navigating these options. A lawyer can evaluate whether the defendant qualifies for diversion or alternative sentencing programs, negotiate with prosecutors to reduce charges or penalties, and present compelling evidence of rehabilitation and community support. Just as importantly, they work to protect constitutional rights, ensuring that unlawful searches, arrests, or interrogations do not unfairly influence the case. Throughout the process, an attorney also guides defendants to avoid mistakes, such as missing court dates or violating probation, that could otherwise eliminate the chance for leniency.

Contact a Criminal Defense Lawyer

Being a first-time offender in Florida can work in your favor, but it’s not a guarantee of leniency. Courts weigh the seriousness of the offense, the impact on victims, and the defendant’s character and actions. Some cases allow for diversion or probation, while others, especially violent or serious felony charges, still carry severe consequences.

If you or someone you know is facing criminal charges for the first time, seeking legal representation immediately is the most important step. Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

The Maine Liquor Liability Act (MLLA) provides for the recovery of damages against anyone who negligently or recklessly “serves” alcohol to a minor.

However, that might be just the start of your problems if you allow your children to host a BYOB party in your home where underage drinking occurs. Even if no adult actually “serves” the alcoholic drinks, these so-called “dram shop” (liquor liability) statutes can lead to criminal charges for parents in some circumstances.

For instance, if an intoxicated minor guest at a BYOB gathering leaves and causes injury or collides with another road user, the host may be held criminally and civilly liable.

The liquor laws for minors require some explanation and clarification, so let’s take a closer look.

“Zero tolerance” policy for underage OUI in Maine

Firstly, it’s important to understand that Maine has a “zero tolerance” policy for the consumption of alcohol by underage drivers, i.e., if you are under 21, you cannot legally drive in Maine with any alcohol in your body.

So, a driver under the age of 21 who is stopped by law enforcement and asked to submit a breath test can be arrested and criminally charged if any alcohol is present in the test results—even for a first offense.

The driver will be automatically suspended by the Bureau of Motor Vehicles (BMV) under the administrative license suspension system. A notice of the suspension will be sent by the BMV advising the driver of the one-year license suspension—with an additional six months if the driver was transporting a passenger who was also under 21. Repeat offenders will face harsher suspensions and other penalties.

Drivers who refuse to submit to a breath or other chemical test will receive an automatic license suspension of 18 months, plus an additional six months if transporting a passenger under 21.

Every driver has the right to a hearing to contest the suspension, but the application to do so must be made within 10 days of the date of the BMV notice. Contesting the suspension with the assistance of a qualified criminal defense lawyer to help meet this short deadline is advisable in many cases.

Civil violations for transporting alcohol under 21

Drivers under the age of 21 in Maine cannot legally transport alcohol in a motor vehicle. If a case ends up with an arrest and charge, valid defenses such as parental or employer permission can often be argued, but generally, it’s best to avoid transporting alcohol in any vehicle in Maine if you are under 21.

The offense is classified as a “civil offense” rather than a criminal offense, so there is no threat of jail time or a criminal record. However, it may appear in administrative records.

Penalties for the Illegal Transportation Of Alcohol By A Minor include a 30-day license suspension for a first offense, 90 days for a second offense, and one year for any subsequent offense. A fine of $200-$500 also applies for a first offense and $400-$500 for subsequent violations.

Consequences of furnishing alcohol to minors in Maine

Minors are prohibited from purchasing alcohol, possessing alcohol, and using fake or borrowed identification documents in Maine.

What happens when an adult supplies alcohol to individuals under the age of 21, though? Can they be held criminally liable? In fact, furnishing alcohol to minors and knowingly facilitating the consumption of alcohol by minors are considered more serious criminal offenses in Maine than those committed by minors.

Under Maine Revised Statutes Title 28-A § 2081, furnishing (knowingly giving or selling) alcohol to a minor is a Class D misdemeanor crime, punishable by up to 364 days in jail and up to $2,000 in fines plus surcharges. Furnishing a place for minors to consume alcohol is also a Class D crime with the same range of penalties.

In some OUI cases in Maine, the minor’s actions while driving result in death or serious bodily injury either to the minor or another person. This will increase the consequences for anyone found to have furnished alcohol to the minor in question, elevating the offence to a Class C crime, which is regarded as a felony. Class C crimes can result in up to five years in prison in Maine, as well as a $5,000 fine plus surcharges and two years of probation.

Parents should bear this in mind if they allow their children to host a BYOB party in their home. They will be facilitating the consumption of alcohol by minors and, if this results in an injury or death, part of the investigation will center on who supplied the alcohol or facilitated the party.

This could potentially result in serious criminal charges, leading to jail time and a permanent criminal record. Maine prosecutors want to see justice for victims of underage OUIs, and that could include the parent(s) being held accountable.

In addition to potential criminal charges, civil liability could result in a claim for damages from the injured party or parties.

Consequences of underage alcohol possession in Maine

Underage drinking is treated as a serious issue in Maine and much of the concern is aired during the summer months, when school’s out.

Often, a charge for alcohol possession is the first time the minor has been in trouble with law enforcement, and it can be a stressful time for families.

If the minor accused of possession of alcohol is under 18, charges are prosecuted as juvenile criminal charges. If the accused is aged between the ages of 18 and 21, the charges will be prosecuted in a public court as an adult civil charge. However, if the minor is accused of other associated criminal conduct, such as an underage OUI, the case will be held in a criminal court.

A conviction in the adult court can result in a lifelong criminal record, which can impact many aspects of the individual’s life, such as employment, education, and other future opportunities.

The seasoned advice of a knowledgeable criminal defense lawyer can be of great benefit at this time.

For experienced legal help with any criminal matter, call the Maine Criminal Defense Group’s OUI lawyers at 207-571-8146 for an initial case evaluation.

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