Maine criminal charge
Aggravated operating after habitual offender revocation in Maine
Aggravated operating after habitual offender revocation is a criminal offense under Maine law, defined by 29-A M.R.S. § 2558. Its classification is not fixed: Maine assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by 29-A M.R.S. § 2558.
What is the penalty for aggravated operating after habitual offender revocation in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Aggravated operating after habitual offender revocation - base offense — A person violates subsection 1 with no qualifying prior convictions within the previous 10 years.; the statutory maximum is 'less than one year' (17-A M.R.S. §1604(1)(D)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $2,000 (Aggravated operating after habitual offender revocation - base offense — A person violates subsection 1 with no qualifying prior convictions within the previous 10 years.; maximum for an individual (17-A M.R.S. §1704(4)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Aggravated operating after habitual offender revocation - one prior conviction — A person violates subsection 1 and has one OUI conviction or one conviction for violating this section, former section 2557, or section 2557-A within the previous 10 years.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Aggravated operating after habitual offender revocation - one prior conviction — A person violates subsection 1 and has one OUI conviction or one conviction for violating this section, former section 2557, or section 2557-A within the previous 10 years.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Aggravated operating after habitual offender revocation - two prior convictions — A person violates subsection 1 and has 2 convictions for violating this section, former section 2557, or section 2557-A within the previous 10 years.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Aggravated operating after habitual offender revocation - two prior convictions — A person violates subsection 1 and has 2 convictions for violating this section, former section 2557, or section 2557-A within the previous 10 years.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Aggravated operating after habitual offender revocation - three or more prior convictions — A person violates subsection 1 and has 3 or more convictions for violating this section, former section 2557, or section 2557-A within the previous 10 years.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Aggravated operating after habitual offender revocation - three or more prior convictions — A person violates subsection 1 and has 3 or more convictions for violating this section, former section 2557, or section 2557-A within the previous 10 years.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
Applies to current (PL 2019, c. 113 recodification).
How is aggravated operating after habitual offender revocation classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated operating after habitual offender revocation - base offense | Class D Crime | A person violates subsection 1 with no qualifying prior convictions within the previous 10 years. | 29-A M.R.S. § 2558(2)(A) |
| Aggravated operating after habitual offender revocation - one prior conviction | Class C Crime | A person violates subsection 1 and has one OUI conviction or one conviction for violating this section, former section 2557, or section 2557-A within the previous 10 years. | 29-A M.R.S. § 2558(2)(B) |
| Aggravated operating after habitual offender revocation - two prior convictions | Class C Crime | A person violates subsection 1 and has 2 convictions for violating this section, former section 2557, or section 2557-A within the previous 10 years. | 29-A M.R.S. § 2558(2)(C) |
| Aggravated operating after habitual offender revocation - three or more prior convictions | Class C Crime | A person violates subsection 1 and has 3 or more convictions for violating this section, former section 2557, or section 2557-A within the previous 10 years. | 29-A M.R.S. § 2558(2)(D) |
Common questions about aggravated operating after habitual offender revocation in Maine
What class of crime is aggravated operating after habitual offender revocation in Maine?
It depends on the circumstances: aggravated operating after habitual offender revocation ranges from a Class D Crime to a Class C Crime in Maine under 29-A M.R.S. § 2558.
Aggravated operating after habitual offender revocation - base offense: Class D Crime (29-A M.R.S. § 2558(2)(A)) · Aggravated operating after habitual offender revocation - one prior conviction: Class C Crime (29-A M.R.S. § 2558(2)(B)) · Aggravated operating after habitual offender revocation - two prior convictions: Class C Crime (29-A M.R.S. § 2558(2)(C)) · Aggravated operating after habitual offender revocation - three or more prior convictions: Class C Crime (29-A M.R.S. § 2558(2)(D))
What are the penalties for aggravated operating after habitual offender revocation in Maine?
Penalties for aggravated operating after habitual offender revocation in Maine depend on how it is classified — from a Class D Crime up to a Class C Crime — with the ranges set by 17-A M.R.S. § 1604; the full table of ranges by variant is published on this page.
Which Maine statute covers aggravated operating after habitual offender revocation?
Aggravated operating after habitual offender revocation is governed by 29-A M.R.S. § 2558 (Aggravated operating after habitual offender revocation).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.