Maine Felony: Laws, Penalties, Sentencing, and Records

In Maine, a serious crime that can be punished by more than one year in state prison is called a felony. This is the most severe offense under Maine law that carries harsh penalties such as long prison terms, loss of civil rights, permanent criminal records, and heavy fines.

The traditional “felony” and “misdemeanor” terms commonly used in many states are not used in Maine. Instead, offenses are classified into five main categories. Classes A, B, and C cover the most serious and are treated as felonies. On the other hand, classes D and E are less serious and equivalent to misdemeanors.

What Is Considered a Felony in Maine?

The Maine Criminal Code is outlined inTitle 17-A of the Maine Revised Statutes. It is the primary criminal law framework that defines criminal offenses and classifies them as follows:

• Violent Crimes: Murder, manslaughter, aggravated assault, rape, robbery, kidnapping.
• Drug Crimes: Trafficking, manufacturing, and possession with intent to distribute controlled substances.
• Property Crimes: Arson, burglary, theft of property worth $1,000 or more, and auto theft.
• White-Collar Crimes: Fraud, embezzlement, forgery, and identity theft.
• Weapons Offenses: Possession of firearms by prohibited individuals and the unlawful use of firearms.

Aggravating factors are the circumstances that can increase a crime’s severity. In some situations, they may raise a misdemeanor to the level of a felony. For example, theft involving property worth more than $1,000 is treated as a felony offense. Likewise, an assault that causes physical harm or involves a weapon is no longer considered a misdemeanor but will be charged as a felony.

What Is a Felony in Maine?

Under Maine law, felonies are grouped as Class A, B, and C crimes. These crimes can be punished by more than one year in state prison. By contrast, misdemeanors (Class D and E crimes) carry sentences of less than one year in county jail. The consequences of a felony conviction in Maine include:

• Prison sentences ranging from 1 year to life.
• Fines of up to $50,000, depending on the felony class.
• Loss of rights, including ownership of firearms and voting rights during incarceration.
• Permanent criminal record, which can prevent a person from getting employment or housing opportunities.

Felony Classes and Penalties in Maine

Felonies in Maine are divided into A, B, and C classes. However, murder is not assigned to a class and is treated as a separate and unclassified crime.

Maine Felony Classes

• Murder (Unclassified Felony)
  • The most severe crime in Maine.
  • Penalty: 25 years to life imprisonment.
  • Fine: Up to $50,000.
• Class A Felony
  • Includes manslaughter, first-degree robbery, and aggravated drug trafficking.
  • Penalty: Up to 30 years in prison.
  • Fine: Up to $50,000.
• Class B Felony
  • Includes burglary, robbery, and certain sexual assaults.
  • Penalty: Up to 10 years of incarceration.
  • Fine: Up to $20,000.
• Class C Felony
  • Includes theft of property over $1,000, forgery, and mid-level drug offenses.
  • Penalty: Up to 5 years prison term.
  • Fine: Up to $5,000.

It is important to note that this classification system ensures penalties are equal to the severity of the crime.

Felony Sentencing Guidelines in Maine

The factors that determine sentencing in Maine include aggravating and mitigating circumstances, statutory guidelines, and judicial discretion. These key sentencing factors are discussed below:

1. Statutory Ranges: The penalties for each felony class are already stipulated by law.
2. Mandatory Minimums: Some crimes, such as firearm-related felonies and drug trafficking, carry mandatory minimum prison terms.
3. Aggravating Factors: Crimes committed towards children or elderly victims, prior felony convictions, and the use of dangerous weapons can cause a judge to increase a sentencing.
4. Mitigating Factors: A judge can reduce a prison term if the offender is a first-time offender, cooperates with law enforcement, or shows the signs of rehabilitation.
5. Habitual Offender Enhancements: Repeat felony offenders may face extended sentences under Maine’s recidivist provisions.
6. Probation and Parole: Although Maine abolished traditional parole in 1976, some nonviolent offenses are eligible for probation. An early release is possible only through “good time” credit reductions.

For example, a Class B felony burglary carries up to 10 years of prison term. Nonetheless, this offense can be pushed to the statutory maximum if it involves the use of a weapon.

Felony Laws and Procedures in Major Maine Cities

Portland (Cumberland County)

TheCumberland County Superior Courtis responsible for handling all felony prosecutions in Portland. The types of criminal cases addressed in this court are drug-related crimes, property offenses, and violent crimes. In addition, the Clerk of the Superior Court and the state electronic court records database offer access to most felony case files.

Bangor (Penobscot County)

Felony cases, especially those connected with drug and property crimes in Bangor, are tried in thePenobscot County Superior Court. Similarly, the Superior Court Clerk keeps custody of these files and provides public access to them upon request.

Augusta (Kennebec County)

In Augusta, theKennebec County Superior Courtprosecutes all felony matters. The court handles a wide range of violent, financial, and drug-related cases. The records of these cases can be obtained at the office of the Superior Court Clerk or through statewide databases.

How to Search for Felony Records in Maine

In Maine, anyone can find felony records through any of the following methods:

1. re:SearchMaine

There:SearchMaine systemis the new platform through which the public can view electronic court records, including certain felony records. Upon registration, users can enter a case number, party name, or attorney name to find information such as:

• Case number and docket details.
• Charges filed.
• Court location.
• Sentencing and outcomes.

2. Superior Court Clerk’s Offices

The official documents submitted during the prosecution of a felony are maintained by the Superior Court Clerk in the county where the case was heard.

3. Maine State Bureau of Identification (SBI)

TheState Bureau of Identification(SBI) is the central repository for criminal history information in Maine. While not all criminal history data is available to the public, the bureau permits public access to pending charge information. To access non-public information, individuals seeking personal records and authorized employees can request fingerprint-based background checks.

4. Local Police Departments and Sheriff’s Offices

Police and sheriff’s departments maintain arrest reports that may include felony charges. Unrestricted records can be requested under Maine’sFreedom of Access Act(FOAA).

5. Third-Party Background Checks

Although individuals may find felony records on third-party websites, the official and most accurate records are maintained by the courts and the SBI.

Open vs. Sealed Records

• Open Records: To ensure transparency, most felony records are accessible to the public.
• Expungement/Sealing: Maine does not allow expungement of adult felony convictions. Nevertheless, the governor can grant pardons, which can restore rights and remove some public record barriers.

Why Understanding Felonies in Maine Matters

In Maine, the consequences of felony convictions extend beyond prison and fines. These records impact civil rights, employment opportunities, and housing eligibility. For a proper navigation of the state’s justice system, individuals, employers, and organizations must understand how felonies are defined, sentenced, and recorded.

In Maine, felonies fall under three main classes: A, B, and C. Murder is treated as an unclassified felony. Furthermore, penalties can range from as little as one year in prison for a class C offense to life imprisonment for murder. Sentencing can be reduced or increased based on mitigating factors or prior convictions.

Felony records in Maine are available through the re:SearchMaine system, Superior Court Clerks, or theState Bureau of Identification.