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In Maine, disorderly conduct laws effectively make disturbing the peace a criminal offense.

While disorderly conduct is considered one of the least serious offenses under Maine’s Criminal Statutes, it can still result in a permanent criminal record and therefore needs to be taken seriously because of its potential long-term consequences.

Disorderly conduct charges may be filed against an individual for simply trying to enjoy themselves in public, provided that it disrupts other people. A lifelong criminal record is a high price to pay for this.

Read below to find out more about disorderly conduct and failure to disperse, which are often connected offenses.

What is disorderly conduct in Maine?

In Maine, disorderly conduct is defined as “intentionally or recklessly” causing “annoyance to others” in public.

The offense must usually be committed in a public place (though there are exceptions) and be intentional or reckless for disorderly conduct charges to be successfully prosecuted.

Examples of disorderly conduct

The criminal statutes further define the types of behavior that can be prosecuted under Maine’s disorderly conduct laws:

• Making loud and unreasonable noises
• Activating a device, or exposing a substance, that releases noxious and offensive odors, or
• Engaging in fighting (without being licensed or privileged to do so)

Sometimes, disorderly conduct charges are filed against individuals whether or not their behavior occurs in public or private places. Examples include:

• Knowingly accosting, insulting, taunting, or challenging any person with offensive, derisive, or annoying words, or by gestures or other physical conduct.
• Making loud and unreasonable noise that can be heard by another person after having been ordered by a law enforcement officer to cease the noise.
• Knowingly accosting, insulting, taunting, or challenging any person in mourning and in attendance at a funeral, burial, or memorial service with unwanted, obtrusive communications, such as offensive, derisive, or annoying words, gestures, or other physical conduct.

What are the penalties for disorderly conduct in Maine?

Disorderly conduct is prosecuted as a Class E misdemeanor offense in Maine, which is the same classification as offenses such as operating on a suspended license and theft under $1,000.

Class E misdemeanor offenses are punishable by:

• Up to 180 days in jail and
• A maximum fine of $1,000

For a first offense, jail time should generally not be served and, depending on the precise circumstances, a seasoned criminal defense lawyer may be able to prevent a criminal record. It is generally advisable to discuss your situation with a lawyer as soon as you can after your arrest.

Is failure to disperse similar to disorderly conduct in Maine?

Several other misdemeanor crimes are often considered related to disorderly conduct in Maine. Unlawful assembly and failure to disperse are two of these related crimes.

Failure to disperse laws state that when six or more people are engaging in disorderly conduct that is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate area to disperse. Knowingly failing to comply with this order to disperse is a criminal offense in Maine.

These laws frequently clash with the freedom of speech and freedom of assembly rights, which are essential elements of citizens’ constitutional rights under the First Amendment.

When large crowds congregate and law enforcement are pressured into making quick decisions, mistakes happen, and many people are wrongfully arrested and charged with failure to disperse.

Failure to disperse is considered a Class D misdemeanor under Maine law and, therefore, a more serious offense than disorderly conduct. A conviction for failure to disperse can result in up to 364 days in a county jail and a fine of up to $2,000.

If you are charged with failure to disperse, seek immediate legal advice from an experienced criminal defense attorney in Maine.

Example of failure to disperse in Maine

If activists join a climate change demonstration and march into Portland to protest, but law enforcement orders that the group of protesters must break up and go home, protestors who remain there and fail to return home may be arrested and charged with failure to disperse.

How can a lawyer help with disorderly conduct or failure to disperse charges in Maine?

Even though a charge of disorderly conduct can result from simply enjoying yourself or expressing your views, the result could still be a criminal charge and conviction. It is important to defend your legal and constitutional rights and not simply accept the charge.

A criminal defense lawyer experienced in defending such misdemeanors can prevent jail time and serious consequences for your future, which could include problems with employment, accommodation, immigration status, travel, and more.

The criminal justice system in Maine can also be bewildering if you are attempting to navigate it for the first time, especially if you try to do so alone.

Your criminal defense attorney may be able to negotiate with the District Attorney’s Office and present a strong argument that your actions were not intentional or that there were mitigating circumstances. One’s state of mind is an important consideration for the court in such cases, and it helps to have someone who knows the relevant laws inside out to advocate for you.

Your chances of leniency from the prosecution improve if you have a clean criminal record and you are represented by an experienced professional.

Your defense attorney will also hold law enforcement accountable if officers made any mistakes when arresting and charging you. If so, this can result in your release and a case dismissal.

Possible outcomes for disorderly conduct and failure to disperse charges in Maine

Disorderly conduct and failure to disperse charges can result in the following outcomes:

• Case dismissal: the District Attorney dismisses the criminal charge in its entirety (the best possible outcome).
• Plea arrangement: the defendant agrees to plead guilty to a lesser (or different) charge for a lighter sentence or less severe consequences.
• Verdict: where a jury decides on the guilt or innocence of the defendant and a judge decides on the sentence if convicted.

Can disorderly conduct charges be expunged in Maine?

For Class E misdemeanors in Maine, it may be possible to apply for an expungement of the criminal record if the individual is under the age of 21.

With most other individuals a Class E misdemeanor conviction, it may be possible to apply for sealing of the record so that the information does not appear on standard background checks.

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

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The impact of a criminal record on employment is significant, as employers often conduct criminal record searches as part of the hiring process, whether it’s a criminal record search in Miami-Dade County or Broward County. Any criminal history can raise concerns, but sometimes you have options. A criminal defense attorney may be able to help you expunge or seal your records.

How a Criminal Record Affects Employment

• Background Checks: Many employers run criminal record checks to investigate individuals for criminal history. Depending on the severity of the crime, even a minor offense can lead to a denial of the job. A felony, in particular, is more likely to disqualify someone from positions that require a high level of trust or responsibility. This is true whether it’s a criminal record search in Florida or beyond.
• Disqualification from Certain Jobs: Some industries such as healthcare, education, law enforcement, and finance, have strict rules that prevent individuals with certain types of criminal records from holding positions in those areas. Employers may be concerned about liability, workplace safety, or regulatory compliance, leading them to avoid hiring individuals with a criminal record.
• Loss of Professional Licenses: For people in areas requiring professional licenses, such as doctors, nurses, or lawyers, a criminal record can result in the suspension or revocation of licenses, effectively ending careers.
• Difficulty Getting Back to Work: Even for jobs that don’t have strict legal restrictions, many employers are hesitant to hire individuals whose criminal record shows on a criminal record check due to concerns about reliability, integrity, or perceived risk. As a result, people with a criminal record may find it difficult to reenter the workforce, facing longer job searches and fewer opportunities.

Legal Rights for Individuals with a Criminal Record

Despite the challenges, persons with a criminal record have legal protections when seeking employment. Here are some key legal rights:

• “Ban the Box” Laws: These laws prevent employers from asking about criminal records on job applications. Instead, employers must wait until later in the hiring process, such as after a first interview or when a job offer is extended, to inquire about an applicant’s criminal record. Over 35 states in the U.S. have adopted “ban the box” laws, giving applicants a fairer chance to showcase their qualifications before being judged on their criminal record.
• Equal Employment Opportunity Protections: The Equal Employment Opportunity Commission (EEOC) provides guidance that prohibits employers from using criminal records in a way that discriminates against certain racial or ethnic groups. Employers must demonstrate that any exclusion based on criminal history is job-related and consistent with business necessity. This means that blanket bans on hiring individuals with any criminal record can be challenged if they disproportionately impact certain groups.
• Expungement and Sealing of Records: In some states, individuals with certain types of convictions may be eligible to have their criminal records sealed or expunged, which means they would not appear in most criminal record searches, including online criminal record searches. This can give individuals a second chance by allowing them to apply for jobs without disclosing their criminal history.
• Fair Credit Reporting Act (FCRA): Under the FCRA, if an employer decides not to hire someone based on their criminal record search, they are required to notify the individual and provide a copy of the report. This gives applicants the opportunity to dispute any inaccuracies or outdated information.

How a Criminal Defense Lawyer Can Help

If you’ve been accused of a crime, a criminal defense attorney plays an important role in protecting your future, including your employment prospects. Here’s how:

1. Negotiating Lesser Charges: If dismissal isn’t possible, your lawyer may reduce a felony to a misdemeanor or arrange alternative sentencing, which can have less impact on employment.
2. Expungement and Sealing Records: Your attorney can help you expunge or seal your criminal record, keeping it out of criminal record searches, especially when employers conduct online criminal record checks.
3. Advising on Your Rights: A lawyer can guide you through “ban the box” laws and help you understand your rights during the hiring process.
4. Post-Conviction Relief: Even after a conviction, a lawyer can pursue appeals or modifications to reduce its impact on your employment.

Contact A Criminal Defense Attorney

Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial. Learn more about how Attorney Russell Spatz can help you by clicking this link.

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.

If you receive a traffic ticket in Maine, you may be facing far more than demerit points or an administrative penalty. You could be facing criminal sanctions and a permanent criminal record. Having the support of a criminal defense lawyer can help you reduce or avoid these penalties.

Not all traffic offenses in Maine are criminal offenses. Minor driving offenses, such as driving a few miles per hour over the speed limit, incur administrative penalties. However, speeding more than 29 miles per hour over the limit raises the stakes and a traffic violation may become a criminal matter.

If you are facing criminal driving penalties, a suitably qualified traffic ticket lawyer with good knowledge of the local court system can help to reduce the charge, prevent a conviction, and avoid the worst consequences associated with traffic tickets in Maine.

Is it worth fighting a traffic ticket in Maine?

Despite the temptation to avoid court and simply pay the traffic ticket fine, doing so is considered an admission of guilt in Maine. It is nearly always worth fighting a traffic ticket if serious consequences are associated with it.

With a lawyer’s assistance, you will not need to attend a court hearing but could avoid many inconveniences and difficulties.

For example, if you are caught performing an illegal left turn, this “minor” offense results in two demerit points. If you are already on 10 demerit points, the seemingly minor penalty of the two administrative points will result in your license being suspended.

For more serious traffic offenses, it is worth fighting a traffic ticket as legal representation can help avoid a criminal conviction. A conviction can stay on your record and impact employment, education, immigration status, travel, insurance premiums, and more.

When you discuss the circumstances of your case with a criminal defense lawyer, there may well be sufficient cause to fight the ticket.Often, law enforcement makes simple errors in these cases, and they are rarely “open and shut.”

How can you fight a traffic ticket in Maine?

When you are issued a traffic ticket by law enforcement in Maine, the reverse side of the ticket includes instructions for contesting.

First, check off the box indicating that you want to contest the ticket. Then, mail the ticket to the Violations Bureau at the address listed on the ticket. The Bureau must receive it within 20 days from the date of issue of the ticket.

You will be sent notice of a court date by mail to the address you write on the ticket. On the specified date, your lawyer can present evidence of why the ticket was issued in error and a district court judge will decide on your guilt or innocence. Note that there are no prosecuting attorneys at contested traffic ticket hearings in Maine.

How do you get a traffic ticket reduced in Maine?

There are three ways to respond to a traffic ticket in Maine. One option is to contest the ticket, but there are also the options of paying the fine or requesting a mitigation hearing.

At a mitigation hearing, you can plead mitigating circumstances, present supporting evidence, and request that the court reduce the fines.

Can you get a speeding ticket dismissed in Maine?

If you request a contested hearing for a traffic ticket such as speeding and the court finds during the hearing that it was issued in error, the ticket may be dismissed.

What can happen if you plead “guilty” to a traffic ticket in Maine?

Pleading guilty to a ticket in Maine is an admission of guilt. The defendant will need to pay the associated fines and accept the demerit points on their driving record.

If the traffic ticket extends to criminal charges, a guilty plea is even more serious, with criminal fines and suspensions, a lifelong criminal record, and associated long-term effects when an authorized party conducts a background check.

Contesting a traffic ticket in Maine

After electing to contest the traffic ticket (as outlined above), the Maine Violations Bureau will set a date for the hearing in the district court.

The state will be represented by the officer who wrote the ticket (rather than a prosecutor) and needs to prove that the alleged violation by the defendant occurred. The standard of proof in such cases is whether it is more likely than not that the defendant committed the alleged violation.

If you hire a traffic ticket attorney, we will answer the ticket on your behalf within 20 days of the citation and then represent you at the hearing. We are well-equipped to challenge police officers, who do not have the same level of legal training as lawyers.

What if you miss the deadline to contest the ticket?

If you do not answer a Maine traffic ticket within 20 days of its issue, you waive the right to contest the infraction in court.

Generally speaking, the Violations Bureau will automatically impose the fine listed on the ticket and points will be applied to your license. Failure to pay the fine will lead to a license suspension until the fine is paid in full.

However, there are exceptions. With legal assistance, you may be able to reopen the ticket even after the 20-day expiry period has elapsed.

How can a Maine traffic offense lawyer help?

Drivers in Maine are often surprised at how many traffic tickets are issued in error in Maine. Often, due process is not followed by police officers, who rely on the defendant not knowing the law and understanding their rights.

As seasoned Maine traffic offense lawyers, we know the law and protect those rights. Some tickets are issued with little solid evidence or unreliable witness testimony; with others, law enforcement officers breach the defendant’s constitutional rights, making evidence inadmissible.

Our experienced attorneys can help prevent the harsh consequences of a criminal conviction and, even with simple traffic tickets, we may be able to avoid demerit points and fines. We often know the local officers as well as the judges, clerks, and the legal system, placing us in a good position to defend your case.

The actions we can take on your behalf include:

• Answering the ticket for you and requesting a hearing
• Collecting evidence and records on the officer’s training, radar calibration, certification, testing, maintenance, etc.
• Building a defense based on the evidence gathered
• Attending the court hearing date on your behalf
• Negotiating with the police officer to reach a favorable resolution

Police officers in such cases often act as the plaintiff, prosecutor, and key witness. This is a heavy burden to carry, and mistakes are often made, which can greatly aid the defendant’s cause.

Conversely, we speak the same language as the judge in court, which helps support our arguments as we contest the case against the defendant.

How a lawyer can help if you are “out of state”

Traveling out of state and receiving a traffic ticket in Maine can be a tremendous inconvenience. Paying the fine is an admission of guilt and comes with the harsh consequences already outlined, and not appearing in court if you contest the ticket could result in a warrant for your arrest.

A conviction will also likely be reported to your home state’s Department of Motor Vehicles, resulting in demerit points on your license.

Our traffic ticket lawyers are licensed to practice anywhere in the State of Maine. We can challenge your ticket and represent you at your hearing so that you do not have to travel to Maine and miss work or add to the expense.

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

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Sexual assault and sexual battery both refer to criminal offenses where a victim does not provide consent to sexual contact.

This contact may or may not involve penetration, force, violence, or other forms of sexual abuse—any unwanted sexual contact is illegal in Maine.

An individual accused of sexual battery or “gross sexual assault” in Maine faces particularly serious consequences. It is important to understand the differences between various forms of sexual abuse offenses and what a conviction can mean.

What is the difference between sexual assault and sexual battery?

Sexual assault and sexual battery are terms often used to differentiate between different types of sexual abuse crimes. However, “sexual battery” and “sexual assault” are not used in the federal criminal code and the Criminal Code of Maine does not refer to “sexual battery.”

Instead, “aggravated sexual abuse” is the term given to sexual battery at the federal level (sexual assault is “sexual abuse”) and in Maine, sexual battery is called “gross sexual assault”

The main difference between sexual battery and sexual assault is whether an element of force or the threat of force was used. Sexual battery is the more likely charge if force or a threat of force was used, while almost any other unwanted sexual threat or contact may be classified as sexual assault.

What is gross sexual assault in Maine?

Gross sexual assault is the term used in Maine for sexual battery. It refers to the crime of engaging in a sex act (oral or anal sex or direct genital contact) when the victim does not consent or is incapable of consenting.

Aggravated gross sexual assault in Maine

Aggravated gross sexual assault is an even more serious version of the offense, where:

• The victim submits as a result of compulsion (force or threats of force, injury, or kidnapping), or
• The victim is under the age of 14 and is not married to the defendant.

Aggravated offenses are punished more severely than standard gross sexual assault offenses.

What are other types of gross sexual assault in Maine?

Gross sexual assault charges can also be filed against a defendant when:

• The defendant has given the victim a drug or intoxicant impairing the victim’s self-control.
• The defendant uses threats to compel or cause the victim to submit to the act.
• The victim is mentally disabled, the defendant knows of the disability, or the disability is apparent, and the disability renders the victim unable to consent to or understand the act.
• The victim is unconscious or physically incapable of resisting.
• The victim is under the age of 18 and the defendant is the victim’s parent or guardian.
• The victim is a prisoner, probationer, or parolee, and the defendant has official authority over the victim.

In such cases, the relationship between the defendant and the victim may be important. Gross sexual assault charges can even be filed in situations where the contact was claimed to be consensual. For instance, a high school teacher who has sex with one of the students in his/her class could be charged and convicted of gross sexual assault in Maine.

Penalties for gross sexual assault in Maine

The possible penalties for gross sexual assault in Maine depend largely on the nature of the crime and the past criminal record of the defendant.

Gross sexual assault based on the relationship between the parties is a Class C crime in Maine. This is punishable by up to five years in prison and a fine of up to $5,000.

Other types of gross sexual assault charges are classified as Class B crimes, punishable by up to 10 years’ imprisonment and a fine of up to $20,000.

Aggravated gross sexual assault is a Class A crime, punishable by up to 30 years in prison and a fine of up to $50,000.

What is the difference between domestic violence and gross sexual assault in Maine?

“Domestic violence assault” is the term used in the Maine Criminal Code to define an assault against someone in the family or a household member. This may include spouses, domestic partners, people who live together, biological parents of a child, minor children, or any previous sexual partner.

Assault in Maine is when a person intentionally causes harm to another person. However, the harm does not need to result in physical injury. It could be offensive physical contact such as grabbing, pushing, or shoving, which harms the emotional, psychological, or physical well-being of the targeted individual.

If a person is suspected of such actions in a domestic setting, he or she may be charged with domestic violence assault.

There are significant differences between domestic violence assault and gross sexual assault:

What are possible defenses against gross sexual assault in Maine?

The main defenses associated with gross sexual assault charges in Maine include:

• The honest belief that consent was given
• The victim mistook the defendant for another person
• The victim took a drug voluntarily and then engaged in sexual activity while impaired
• The defense of marriage (may be valid in cases prosecuted due to the relationship between the victim and defendant, such as a psychiatrist and patient)

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

Accused of a Sexual Battery?

https://www.youtube.com/watch?v=%20JyzdpGYN0tU

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In the latest news regarding the murder trial of OnlyFans model Courtney Clenney, there has been an important turn as a judge has granted permission for texts and emails from Clenney’s family to be used as evidence. In the realm of criminal defense, the significance of digital communication—particularly texts and emails—can carry significant weight in a case like this.

Background of the Case

Clenney, charged with the stabbing death of her boyfriend in Miami, has faced a substantial investigation not only from the media but also from the legal system. Texts and emails gathered during the investigation have emerged as a key element in the trial, highlighting their importance in establishing facts and understanding the context of criminal actions.

Legal Developments

Once the judge approved the use of evidence from emails and text messages for the case, the attorney that represents Clenney’s parents, commented that the evidence was very broad and privacy-invading. He warned that not narrowing search warrants could set an important precedent. 

Miami-Dade Assistant State Attorney Khalil Quinan agreed that while the office could review the evidence, the judge had the power to exclude anything that wasn’t relevant to the case. For now, the release of these texts and emails has been put on hold while an appeal is considered.

Legal Implications

This ruling highlights a key part of criminal defense: finding the right balance between giving prosecutors access to evidence and protecting personal privacy. How evidence is handled can make all the difference in a case. This situation shows just how crucial it is to carefully examine how evidence is gathered and to make sure that all procedural safeguards are followed correctly.

Legal and Ethical Considerations of Evidence

1. Privacy and Confidentiality
   The retrieval and use of personal communications must comply with privacy laws and attorney-client privilege. The recent case highlighted the importance of handling such evidence carefully to avoid violations that could undermine the legal process.
2. Relevance and Scope
   It’s crucial to ensure that digital evidence is directly relevant to the case. Broad or indiscriminate searches can infringe on privacy rights and lead to legal challenges, as seen in the Clenney case where evidence was initially tossed due to procedural issues.
3. Authenticity and Integrity
   The authenticity of digital communications must be verified to prevent tampering or misinterpretation. Ensuring the integrity of evidence is essential for maintaining a fair trial and upholding the principles of justice.

Texts and emails have become powerful tools in criminal trials, providing crucial evidence that can significantly impact the outcome of a case. As digital communication becomes more central to legal proceedings, it’s vital for both the prosecution and defense to handle this evidence carefully, making sure it is used properly to uphold justice and protect the integrity of the legal process.

Contact a Criminal Defense Attorney

An allegation of a criminal offense should never be treated lightly. In fact, it should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing. This is true whether you have been placed under arrest or are merely the subject of a criminal investigation.

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.

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.

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.

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.

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The tragic death of Matthew Perry, the beloved “Friends” star, is one of the year’s most shocking cases. It has garnered significant media attention, particularly with reports of criminal charges against his assistant and two doctors related to his death

Examining Criminal Law in Matthew Perry’s Death

Case Overview

Matthew Perry’s death in October 2023 from a ketamine overdose has resulted in criminal charges against five persons, including his personal assistant and two doctors. Prosecutors have described the case as involving a “broad underground criminal network” dedicated to obtaining and administering the strong anesthetic ketamine, which played a vital role in Perry’s death.

• First Doctor: Charged with seven counts of distribution of ketamine and two counts related to falsifying records. He is accused of illegally providing ketamine to Perry in dangerous amounts and falsifying records to cover up his involvement.
• Second Doctor: Agreed to plead guilty to conspiracy to distribute ketamine. He is alleged to have facilitated the illegal distribution of ketamine by securing it through fraudulent prescriptions and funneling it to Plasencia (first doctor).
• Personal Assistant: Charged with administering ketamine injections to Perry and was found to have received ketamine from Erik Fleming (supplier). He is also implicated in the broader criminal network surrounding the distribution of the drug.

Drug Charges

Drug-related charges can carry significant legal consequences, especially when they contribute to a person’s death. In Perry’s case, the charges include distributing ketamine in dangerous amounts, falsifying records, and involvement in a broader criminal network. These charges highlight the severe legal implications of drug offenses intertwined with other forms of liability.

1. Understanding Drug Charges: Drug charges vary depending on the offense. Possession involves having illegal drugs, which can range from personal use to distribution. Distribution is the act of selling or sharing drugs and is often classified as a felony. Manufacturing refers to producing illegal drugs, which is a serious crime. Prescription fraud involves illegally obtaining or distributing prescription medications.
2. Legal Processes: The legal process for drug-related charges typically includes arrest and booking, a preliminary hearing to evaluate evidence, an arraignment where the accused pleads, a trial to present evidence and arguments, and sentencing if convicted, which can range from fines to imprisonment.
3. Defensive Strategies: Defending against drug charges often involves challenging the legality of evidence collection, proving a lack of knowledge about the drug, arguing that the drug was legally prescribed, or claiming a mistake of fact regarding the drug’s nature.

Contact a Criminal Defense Attorney

If you are facing criminal charges related to drug offenses, understanding the legal landscape is vital. That’s where having an experienced attorney can make a difference. Russell Spatz of the Spatz Law Firm, PL, has over 40 years of experience in handling serious criminal law cases, including drug offenses. He has a deep understanding of the court system and the laws pertaining to your case, thanks to his extensive background, which includes serving as an assistant state attorney and division chief. Russell handled one of the longest racketeering drug trials in state history, demonstrating his capability to handle even the most complex and prolonged cases.

Whether you’re dealing with drug possession, distribution, trafficking, federal conspiracy, or racketeering, Russell offers aggressive representation tailored to your specific situation. Don’t wait to seek legal advice—delays can allow police and prosecutors to build a stronger case against you, and anything you say to them could be used against you in court. Contact Russell at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Many times, when we talk about “assault” and “battery” in the criminal law world, the terms can be confused, when in reality they are two completely different crimes. Each one has its elements and consequences, and it’s very important to identify and differentiate them for anyone who might be facing charges or simply wants to understand the law better.

Assault

Assault is an intentional and unlawful crime, whether by word or act, that causes violence towards another person, with the full intent to do so and generating in them a well-founded fear that confirms that the violence is imminent. Essentially, assault is the threat of harm.

Key elements of assault include:

1. The harm caused by the threat must be intentional.
2. The threat must be so serious and real enough that it causes the person to fear being harmed.
3. The person making the threat must appear capable of carrying it out.

It is important to highlight that physical contact is not required for an assault charge. Simply making someone feel terrorized by the possibility of being harmed is sufficient.

Battery

On the other hand, battery always involve actual physical contact. Florida law defines battery as intentionally touching or striking another person against their will, as well as intentionally causing bodily harm to another person.

Key elements of battery include:

1. The contact is intentional, never accidental.
2. The contact with the victim is never with their consent or wanted.
3. Although battery always involves physical harm, even an unwanted touch can be considered battery if it meets the other elements.

Battery and Assault Cases in Miami 

Unfortunately, in Miami with its vast population of residents and tourists, events of assault and battery are fairly commonplace. These cases range from disputes between neighbors that escalated into physical altercations to confrontations in public spaces like sporting events and areas like Miami Beach. These incidents show how quickly ordinary situations can spiral into serious legal issues, affecting the lives of those involved.

Miami Beach Police investigated a sexual battery that occurred on the beach walk between 23rd and 24th streets. The victim, a woman rollerblading, was attacked from behind, choked, and assaulted in nearby shrubs. 

In response to a recent sexual assault on Miami Beach’s Beachwalk, the local skate community held a “Take Back the Boardwalk” rally and solidarity skate at 24th Street. Participants wrote messages in chalk at the crime scene, calling for greater safety measures. The attack occurred on July 16, when a woman was assaulted while rollerblading. The suspect was later arrested. 

In another high-profile case, Colombian Soccer President, Ramón Jesurún, was arrested on battery charges on an official or employee following the chaos at the Copa América Final. It is alleged that Jesurún, along with Ramón Jamil Jesurún, was involved in an altercation with several security guards.

Assault and Battery Criminal Defense in Miami

When facing criminal charges such as these, it’s crucial to work with an assault and battery defense lawyer who understands the nuances of local laws and the defense strategies available. A solid defense strategy might include challenging the intent behind the actions, questioning the credibility of witnesses, or proving self-defense. It’s also essential to consider how local judges and juries may interpret evidence and testimonies, which can vary significantly from one case to another. 

For example, domestic violence assault charges have serious implications. A conviction for domestic assault charges can drastically limit your freedoms and alter your life in significant ways. Even if you manage to avoid a criminal conviction, you might still face the imposition of a restraining order. This can prevent you from returning to your home, even temporarily, to collect your belongings, and may restrict your ability to see your children or communicate with your spouse or partner. Something as simple as a text message could lead to further legal trouble. Violating a protective order is a serious matter and can result in additional misdemeanor charges, further complicating your legal situation.

Penalties for Assault and Battery in Florida

• Simple Assault: Generally classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• Aggravated Assault: If a deadly weapon is used or the intent is to commit a felony, it becomes a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
• Simple Battery: Typically a first-degree misdemeanor, carrying penalties of up to 1 year in jail and a fine of up to $1,000.
• Aggravated Battery: If the battery causes significant injury or involves the use of a deadly weapon, it can be charged as a second-degree felony, with penalties of up to 15 years in prison and fines up to $10,000.

It is very important that we learn to differentiate the elements that represent each crime; it is not something we should take lightly since both are significant crimes with substantial weight, whether for general knowledge or for anyone facing such criminal charges.

Being convicted of a crime is not necessarily the end of the road for you. If your rights were violated at any point during the process that led to your conviction, it may be possible to modify or correct your sentence or file an appeal or collateral attack to overturn the conviction. However, it is important to note that time is normally of the essence in these matters, and the client should not delay in seeking legal advice.

Attorney Russell Spatz has more than 40 years of experience assisting clients through post-conviction procedures. He believes strongly in upholding your rights and will do everything in his power to protect your best interests. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200 or click here to contact us.

Misdemeanors in Maine are classified as Class D or E crimes and felonies are classified as Class A, B, or C crimes.

The penalties for each level of crime increase from Class E up to A—from a maximum of one-year imprisonment to life imprisonment. With such a wide range of potential penalties, it is important to understand what the consequences may be if you are arrested and charged with any criminal offense in Maine.

Crimes come with a set of minimum and maximum penalties (fines and incarceration) outlined in the Maine Criminal Code.

Let us take a closer look at Class D and E misdemeanor crimes and how the sentencing works for these types of offenses in Maine.

Misdemeanor classes and penalties in Maine

Class D and E crimes in Maine are punishable by up to one year in county jail, as well as significant fines.

Elevated penalties may apply to aggravated versions of the crimes or for repeat offenders where the offense is considered more serious than the “standard” offense and is elevated to the next class above.

Class E misdemeanor offenses

A Class E crime is the least serious misdemeanor offense in Maine. However, any criminal offense can have far-reaching implications for your future because of the potential for jail time, as well as a lifelong criminal record.

Class E misdemeanors in Maine are punishable by up to six months in jail and a fine of up to $1,000 in Maine. Some typical examples of Class E misdemeanors are the following:

• Operating on a suspended license
• Disorderly conduct
• Theft under $1,000
• Low-level drug offenses
• Online harassment
• Prostitution

Class D misdemeanor offenses

A Class D crime is still a misdemeanor in Maine but a more serious offense than Class E. The following are a few examples:

• Domestic violence assault
• OUI /DUI/DWI (drunk driving)
• Violation of a protective order
• Simple assault
• Unauthorized use of a vehicle

Class D crimes are punishable by up to 364 days in county jail and a fine of up to $2,000 in Maine.

What are “elevated penalties” for misdemeanors in Maine?

Elevated penalties may be applicable for some Class D and E crimes, particularly if dangerous weapons were used in the commission of a crime or if the individual has previous criminal convictions.

In such cases, a Class E crime may become a Class D crime or, even more seriously, a Class D misdemeanor becomes a Class C felony (which involves a large step up in maximum penalties).

Certain misdemeanor offenses can be charged as felonies if the offender has several prior convictions. For instance, while OUI is usually prosecuted as a Class D misdemeanor for a first or second offense, a subsequent offense may be charged as a Class felony.

Similarly, a misdemeanor theft offense becomes a Class C felony offense if the person has two or more prior theft-related convictions.

How does misdemeanor sentencing work in Maine?

Jail time is possible for any Class D or Class E crime, and the judge can impose this immediately upon conviction (unlike a felony, where a separate sentencing date is usually arranged).

However, first-time offenders with seasoned legal representation can usually avoid jail time for misdemeanor crimes that do not come with mandatory sentences.

The likelihood of jail time—even for misdemeanors in Maine—increases for defendants who have two or more prior convictions.

Judges in Maine have several sentencing options available to them. The penalties handed down for a conviction will depend greatly on the strength of your defense.

When considering sentencing options, judges will typically look at the following factors:

• The nature and seriousness of the offense
• Whether any aggravating circumstances applied to the offense (e.g., using a deadly weapon)
• Whether any mitigating circumstances are present (e.g., acting to protect someone else)
• The defendant’s age, character, and criminal history
• Any other relevant factors

Alternatives to jail time with misdemeanor sentencing

Because judges have so much discretion when sentencing misdemeanors in Maine, it is essential to present the best defense possible to mitigate the consequences for the future.

Judges may elect to hand down a sentence that involves imprisonment. Class D and E crimes are usually served in county jail rather than state prison. However, one of the following alternative sentencing measures may also be considered by judges:

• Suspended or split term of imprisonment with probation or administrative release
• Deferred disposition
• Payment of fines and fees
• Payment of restitution
• Community service

In some counties, diversionary court programs are available as well. Under these programs, a defendant can prevent jail time by seeking treatment for substance abuse, mental health issues, or another issue that is deemed to have contributed to the criminal behavior.

What is a split or suspended sentence in Maine?

A split or suspended sentence means that the judge sentences the offender but does not yet impose the jail time (or a portion of it) normally served.

If the offender complies with all of the conditions stated for release on probation or administrative release for a stated period, the suspended sentence can then be revoked. If the terms of release are violated, the offender can be re-arrested and sent to jail.

Typical terms for release on probation or administrative release include:

• Obeying the law and not re-offending
• Attending treatment or counseling
• Maintaining or pursuing employment
• Reporting to a supervisor (for probation)
• Not drinking alcohol

These measures are seen as helping to rehabilitate the offender rather than simply sending him/her to jail, which is not always viewed as the best solution. A judge is more likely to order an alternative sentencing measure like this for a first offense.

What is deferred disposition?

Deferred disposition is sometimes used by prosecutors and criminal defense lawyers in plea bargaining for misdemeanors in Maine. In return for a guilty plea from the accused, the court delays entering the sentence for a set period during which the defendant must comply with court-ordered terms.

If the accused has complied with all the terms of the deferred disposition after the period has elapsed, the individual may be permitted to withdraw the guilty plea and the charges are then dismissed. This results in no criminal conviction for the defendant, which can be especially important for their future.

If the defendant fails to comply with the terms of the deferred disposition, the judge may proceed with imposing a criminal sentence.

A criminal conviction, even for a misdemeanor, can have serious consequences, but a Class D or E criminal charge—especially for first-time offenders—need not end in jail time and a lifelong criminal record.

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

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All year long, including in the summer season, Miami is a tourist destination for people on vacation, which means that short-term rentals through services like Airbnb increase. What people may not think about while they are planning their stay is that there are certain risk factors including ones with criminal charge implications. 

Being accused of a rental crime can be very complicated and exhausting, especially if you are not familiar with the entire legal process involved. Whether it’s fraud, property damage, or violation of a contract, facing these accusations requires professional help.

1. Understand the Accusation

First of all, you must fully understand the accusation. Short-term vacation rental crimes can often range from minor infractions to more serious offenses like fraud or vandalism.

Carefully review all the documents and communications you have received regarding the accusation. The more informed you are about the situation, the easier it will be to resolve it

2. Gather Evidence

All the evidence you collect about the case can be very helpful. There are several types of evidence that can be presented, whether you are a guest or host:

For Hosts:

• Booking Document: Make sure to have all the necessary documents on hand and a copy of the booking agreement and highlight any specific terms or conditions in your rental agreement that were violated.
• Photos and Videos: Take photographs or videos of the property before and after the rental period. Make sure the timestamps are visible to provide a clear timeline.
• Security Footage: If the property has security cameras (and you’ve informed your guests about them in accordance with local laws and Airbnb policies), review the footage for any relevant incidents.

For Guests:

• Witnesses’ Contact Information: Maintain a list of contacts who can corroborate your account of the events if needed.
• Communication: Gather all messages, emails, writings, or any communication you had with the host regarding the short-rental agreement.
• Receipts and Payments: Have your electronic payment receipt on hand, whether it was split into two payments or just one, or any document that proves you made the payment for the service.

3. Remain Calm and Avoid Self-Incrimination

Something very important in these cases is to remain calm and not do or say anything that could be used against you. If you are contacted by the host or anyone related to the case, you have the right to remain silent, and it is best to do so until you can get in touch with a lawyer who can help you achieve the best results for your case.

A recent example illustrates how quickly these situations can escalate. Police investigating a home invasion at a Florida Airbnb discovered a drug operation with over 100 pounds of marijuana and nearly $30,000 in cash, authorities reported. The two individuals renting the Airbnb in Miami now face criminal charges, along with the three men who robbed them, according to court records. The renters, aged 33 and 43, are charged with attempted cannabis trafficking, owning or renting a property to traffic controlled substances, and money laundering. They have since been released on bail.

Contact a Criminal Defense Attorney

An allegation of a criminal offense should never be treated lightly. In fact, it should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing. 

Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200. You may also contact the firm by clicking this link.