Maine criminal charge
Violation in Maine
Violation is a criminal offense under Maine law, defined by 19-A M.R.S. § 4113. 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 19-A M.R.S. § 4113.
What is the penalty for violation in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Violation of order with prior actual notice — The defendant violates an order and had prior actual notice of it, unless subsections 2, 4, or 5 apply.; 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 (Violation of order with prior actual notice — The defendant violates an order and had prior actual notice of it, unless subsections 2, 4, or 5 apply.; 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 (Reckless conduct or assault violating protection order — The defendant violates a final protection order (or similar order) through reckless conduct creating substantial risk of death or serious bodily injury to the named plaintiff, or assaults the named plaintiff.; 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 (Reckless conduct or assault violating protection order — The defendant violates a final protection order (or similar order) through reckless conduct creating substantial risk of death or serious bodily injury to the named plaintiff, or assaults the named plaintiff.; 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 (Repeat violation of order — The defendant commits a violation under subsection 1 and has 2 or more prior convictions under subsection 1 or former section 4011(1) or (2) or substantially similar convictions in another jurisdiction.; 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 (Repeat violation of order — The defendant commits a violation under subsection 1 and has 2 or more prior convictions under subsection 1 or former section 4011(1) or (2) or substantially similar convictions in another jurisdiction.; 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 violation classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Violation of order with prior actual notice | Class D Crime | The defendant violates an order and had prior actual notice of it, unless subsections 2, 4, or 5 apply. | 19-A M.R.S. § 4113(1) |
| Reckless conduct or assault violating protection order | Class C Crime | The defendant violates a final protection order (or similar order) through reckless conduct creating substantial risk of death or serious bodily injury to the named plaintiff, or assaults the named plaintiff. | 19-A M.R.S. § 4113(4) |
| Repeat violation of order | Class C Crime | The defendant commits a violation under subsection 1 and has 2 or more prior convictions under subsection 1 or former section 4011(1) or (2) or substantially similar convictions in another jurisdiction. | 19-A M.R.S. § 4113(5) |
Common questions about violation in Maine
What class of crime is violation in Maine?
It depends on the circumstances: violation ranges from a Class D Crime to a Class C Crime in Maine under 19-A M.R.S. § 4113.
Violation of order with prior actual notice: Class D Crime (19-A M.R.S. § 4113(1)) · Reckless conduct or assault violating protection order: Class C Crime (19-A M.R.S. § 4113(4)) · Repeat violation of order: Class C Crime (19-A M.R.S. § 4113(5))
What are the penalties for violation in Maine?
Penalties for violation 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 violation?
Violation is governed by 19-A M.R.S. § 4113 (Violation).
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.