Assault, criminal threatening, and reckless conduct in domestic settings can all be classed as domestic violence in Maine—and criminal charges can be filed against the accused.
Once an arrest for domestic violence has been made and charges are filed, the situation is out of your hands.
As the situation calms down—even if nobody was hurt in the incident, criminal charges may still be pursued. This remains the case even if the complainant believes they overreacted and wants to withdraw the complaint. The harsh reality is that charges cannot simply be dropped on the say-so of the complainant or a criminal defense lawyer.
Types of domestic violence charges in Maine
Domestic violence takes many forms in Maine, including all forms of physical, emotional, verbal, and sexual abuse committed in a domestic setting, encompassing acts committed to intimidate or control the victim or cause the victim emotional distress.
Technically, domestic violence is any violence committed against family or household members, including dating partners and ex-partners.
The main types of domestic violence are:
Domestic violence assault
This is assault as defined by Section 207 of the Maine Criminal Code where the victim is a family member or a member of the same household as the accused.
Domestic violence criminal threatening
Criminal threatening is when an individual knowingly places a family or household member in fear of imminent bodily injury—such as being shot, stabbed, strangled, struck, etc.
Domestic violence terrorizing
Terrorizing is if an individual communicates to a family or household member a threat to commit or to cause to be committed a crime of violence dangerous to human life—placing the intended recipient in reasonable fear of the act being carried out—it could lead to domestic violence terrorizing charges.
Domestic violence reckless conduct
Domestic violence reckless conduct is when an individual recklessly creates a substantial risk of serious bodily injury to a family or household member—without regard for their safety.
Can your spouse drop domestic violence charges?
Some individuals accused of domestic violence charges in Maine believe that if their partner drops the complaint against them, the criminal charges will be dropped. This is untrue. Once criminal charges have been filed, only the prosecutor can drop them.
The District Attorney’s office has a team of staff and prosecutors who handle domestic violence cases. Among the staff are victim advocates who will contact the individual who made the complaint and explain the process. If the complainant expresses the desire to drop the complaint to the advocate, it may help in getting the charges dropped but it is not determinative.
The complainant may also communicate with the defendant’s lawyer to increase the chances of the charges being dropped. However, a complainant who wants the charges dropped should not contact the defendant if this can lead to a violation of bail conditions, which usually stipulate no contact with the alleged victim.
Many domestic violence charges in Maine are dropped but only after the state prosecutor has carefully reviewed all of the evidence. The primary duties of prosecutors are to uphold laws, decide which criminal charges should be pursued, protect the general public and state resources.
Prosecutors have discretion in deciding whether to pursue or drop charges. Their role is not just to secure convictions but to ensure justice is served fairly. There are instances where charges may be dropped, but it is less likely if injuries were caused, or weapons were used in the alleged violent incident, or if the defendant poses a risk to family members or the general public. Charges may be pursued even if the complainant changes the story or wants to withdraw evidence.
Specific evidence must be substantiated and the charges proven beyond a reasonable doubt for the state to convict an individual of a domestic violence crime. This can be challenging if evidence is withdrawn by the complainant—but subpoenas can be issued.
Potential penalties for domestic violence crimes in Maine
Violent crimes are dealt with severely by Maine’s justice system. Domestic violence offenses can be classed as felonies or misdemeanors, depending on the circumstances. If a weapon was used, injury was caused to the complainant, and/or the defendant has prior convictions, a charge is more likely to be prosecuted as a felony.
Domestic violence convictions in Maine can result in incarceration, probation, fines, rehabilitation or treatment classes, and the payment of restitution to the victim.
The longer-term consequences of a criminal conviction stretch well beyond the initial penalties. A permanent criminal record for a violent crime can affect one’s employment, education, housing, travel, immigration status, firearm ownership, parental rights, and more.
How can a criminal defense lawyer help defend your domestic violence charges?
If you have been charged with domestic violence in Maine, your best bet is to hire a criminal defense attorney to aggressively defend the charges. Your actions after an arrest for domestic violence are extremely important, so it is best to speak to a criminal defense lawyer at the earliest opportunity to prevent the situation from deteriorating.
If the case goes to trial, your chances of a favorable outcome improve with a criminal defense attorney skilled in crafting a strong, strategic defense tailored to your case.
Fighting a domestic violence charge is especially challenging emotionally as well as mentally because you may not be able to contact family members. Dealing with the social stigma and reputational damage may also be difficult.
The support and guidance of a skilled domestic violence attorney can help you navigate the judicial system in Maine and minimize the impact on your future.
For experienced legal help with a domestic violence charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
