Maine criminal charge
Violation in Maine
Violation is a criminal offense under Maine law, defined by 34-A M.R.S. § 11288. 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 34-A M.R.S. § 11288.
What is the penalty for violation in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Failure to comply; first offense — An offender fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter, with no prior convictions.; 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 (Failure to comply; first offense — An offender fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter, with no prior convictions.; 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 (Failure to comply; 2nd offense — A person with one prior conviction under this section or section 11227 fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter.; 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 (Failure to comply; 2nd offense — A person with one prior conviction under this section or section 11227 fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter.; 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 10 years (Failure to comply; 3rd offense — A person with 2 or more prior convictions under this section or section 11227 fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter.; statutory default maximum (17-A M.R.S. §1604(1)(B)); 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 $20,000 (Failure to comply; 3rd offense — A person with 2 or more prior convictions under this section or section 11227 fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter.; maximum for an individual (17-A M.R.S. §1704(2)); organizations up to $40,000 (§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 |
|---|---|---|---|
| Failure to comply; first offense | Class D Crime | An offender fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter, with no prior convictions. | 34-A M.R.S. § 11288(1) |
| Failure to comply; 2nd offense | Class C Crime | A person with one prior conviction under this section or section 11227 fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter. | 34-A M.R.S. § 11288(2) |
| Failure to comply; 3rd offense | Class B Crime | A person with 2 or more prior convictions under this section or section 11227 fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter. | 34-A M.R.S. § 11288(3) |
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 B Crime in Maine under 34-A M.R.S. § 11288.
Failure to comply; first offense: Class D Crime (34-A M.R.S. § 11288(1)) · Failure to comply; 2nd offense: Class C Crime (34-A M.R.S. § 11288(2)) · Failure to comply; 3rd offense: Class B Crime (34-A M.R.S. § 11288(3))
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 B 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 34-A M.R.S. § 11288 (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.