Aggravated Assault is a serious criminal charge in Maine punishable by fines, prison time, probation, and other penalties. Do not assume that you can represent yourself against such a serious criminal charge. You need a Maine criminal defense attorney to handle your charge aggressively. You need an attorney who can mitigate the potential consequences of a guilty verdict or have the charge dismissed if possible. Someone who will raise every legal defense available to increase your chance of a positive outcome in your criminal case.
Maine Criminal Defense Attorney John Scott Webb is the attorney for you. Attorney Webb and his team of legal professionals will leave no stone unturned as they sift through every detail of your case and analyze every piece of evidence the prosecution has to develop a strong legal defense strategy to attack the prosecution’s case against you.
Contact the Webb Law Firm by calling 207-283-6400 24 hours a day, 7 days a week. We are available when you need us the most!
What is Assault?
Assault is a type of violent crime involving the physical injury of another person. Under Title 17-A §207 of the Maine Revised Statute, assault is defined as “intentionally, knowingly or recklessly cause[ing] bodily injury or offensive physical contact to another person.” The only requirement for assault is that you intentionally, knowingly, recklessly cause physical harm to another person. Malice is not a requirement for assault; therefore, you could jokingly hit your friend on the arm and still be guilty of assault under a strict interpretation of the code section.
The elements of assault are:
- Violence – The prosecution must prove that you physically injured the other person with your body or a weapon. Threatening to injure a person is not sufficient for a charge of assault; AND,
- Intent – The prosecution must prove that you committed the act on purpose. An accident is not sufficient to be guilty of assault.
Assault is a misdemeanor in most cases; however, the punishment for a conviction on an assault charge depends on the facts of the case. For example, if you are 18 years of age or older and the victim is under the age of 6, you face more severe penalties for an assault conviction.
Assault of a person over the age of six is a Class D crime that carries a potential fine of up to $2,000 and up to 364 days in jail. If the victim is under the age of 6, it is a Class C crime with a potential fine of up to $5,000 and up to five years in jail.
What is Aggravated Assault?
Aggravated Assault is governed by Maine Revised Statute 17-A §208. It provides the elements that raise a simple assault charge to a charge of aggravated assault. In other words, if one or more of the following circumstances are present, you can be charged with the more serious charge of aggravated assault and face much more serious penalties for a conviction.
Elements that raise an assault to an aggravated assault are bodily injury that result in:
- The risk of death or extends the recovery period for the victim;
- Permanent disfigurement; or,
- Loss or substantial impairment of the function of any bodily member or organ.
Elements that can raise a charge of assault to aggravated assault also include:
- The use of a dangerous weapon; or,
- Extreme indifference to the value of human life. Examples include but are not limited to strangulation, the manner used to inflict injury, the number of injuries inflicted, and the observable physical condition of the victim at the time of the assault.
Aggravated Assault can be a Class A or a Class B offense depending on the facts and circumstances surrounding the assault. The punishment for a Class B offense is a fine of up to $10,000 and up to 20 years in prison. For a Class A offense, the potential fine increases to $50,000 and up to 30 years in prison.
Don’t Take Any Chances By Representing Yourself
A conviction of a violent crime carries life-long consequences beyond fines and jail sentences. You will have a permanent criminal record that can affect your personal and professional life. It is not worth the risk when you can hire an experienced, highly-trained and successful Saco criminal defense lawyer.
Contact the Webb Law Firm by calling 207-283-6400 24 hours a day, 7 days a week. You may also contact Attorney Webb by using our convenient online contract form.
We offer free legal consultations. Even if you decide not to hire our law firm, you owe it to yourself to learn how we can protect your rights if you are charged with aggravated assault in Saco, Portland, or elsewhere in Maine.