Maine criminal charge
Refusing to submit to arrest or detention in Maine
Refusing to submit to arrest or detention is a criminal offense under Maine law, defined by 17-A M.R.S. § 751-B. 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 17-A M.R.S. § 751-B.
What is the penalty for refusing to submit to arrest or detention in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Refusing to stop on request or signal — The person refuses to stop on the request or signal of a law enforcement officer with intent to hinder, delay or prevent arrest or detention.; statutory default maximum (17-A M.R.S. §1604(1)(E)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $1,000 (Refusing to stop on request or signal — The person refuses to stop on the request or signal of a law enforcement officer with intent to hinder, delay or prevent arrest or detention.; maximum for an individual (17-A M.R.S. §1704(5)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 364 days (Using physical force against officer — The person uses physical force against the law enforcement officer with intent to hinder, delay or prevent arrest or detention.; 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 (Using physical force against officer — The person uses physical force against the law enforcement officer with intent to hinder, delay or prevent arrest or detention.; 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 364 days (Creating substantial risk of bodily injury to officer — The person creates a substantial risk of bodily injury to the law enforcement officer with intent to hinder, delay or prevent arrest or detention.; 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 (Creating substantial risk of bodily injury to officer — The person creates a substantial risk of bodily injury to the law enforcement officer with intent to hinder, delay or prevent arrest or detention.; 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 |
Applies to current (PL 2019, c. 113 recodification).
How is refusing to submit to arrest or detention classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Refusing to stop on request or signal | Class E Crime | The person refuses to stop on the request or signal of a law enforcement officer with intent to hinder, delay or prevent arrest or detention. | 17-A M.R.S. § 751-B(1)(A) |
| Using physical force against officer | Class D Crime | The person uses physical force against the law enforcement officer with intent to hinder, delay or prevent arrest or detention. | 17-A M.R.S. § 751-B(1)(B) |
| Creating substantial risk of bodily injury to officer | Class D Crime | The person creates a substantial risk of bodily injury to the law enforcement officer with intent to hinder, delay or prevent arrest or detention. | 17-A M.R.S. § 751-B(1)(C) |
Common questions about refusing to submit to arrest or detention in Maine
What class of crime is refusing to submit to arrest or detention in Maine?
It depends on the circumstances: refusing to submit to arrest or detention ranges from a Class E Crime to a Class D Crime in Maine under 17-A M.R.S. § 751-B.
Refusing to stop on request or signal: Class E Crime (17-A M.R.S. § 751-B(1)(A)) · Using physical force against officer: Class D Crime (17-A M.R.S. § 751-B(1)(B)) · Creating substantial risk of bodily injury to officer: Class D Crime (17-A M.R.S. § 751-B(1)(C))
What are the penalties for refusing to submit to arrest or detention in Maine?
Penalties for refusing to submit to arrest or detention in Maine depend on how it is classified — from a Class E Crime up to a Class D 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 refusing to submit to arrest or detention?
Refusing to submit to arrest or detention is governed by 17-A M.R.S. § 751-B (Refusing to submit to arrest or detention).
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.