What are the penalties for a felony in Maine?

Felony penalties in Maine range from 0–5 years for the lowest class to life imprisonment for the most serious [§ 17-A-1604]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Maine have a speedy trial requirement?

Maine does not have a fixed-day speedy trial clock. Maine applies the constitutional Barker v. Wingo balancing test. Me. R. Crim. P. 48 permits dismissal for unnecessary delay. No fixed statutory day count.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 17-A-1604]. Misdemeanors carry county jail time (up to 1 year) [§ 17-A-1604]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Maine Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Maine?

Yes, for eligible offenses [§ 2264]. Waiting periods: Immediate for dismissed/acquitted charges; limited expungement for certain juvenile and first-offense marijuana convictions. Maine has very limited expungement. Adult criminal convictions are generally not expungeable. Dismissed and acquitted charges may be sealed. Marijuana possession convictions (under 2.5 oz) may qualify for limited relief under post-legalization statutes.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Maine.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Maine Criminal Process — Step by Step Your Rights in an Maine Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Maine classifies criminal offenses §17-A-1604

Maine divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A (crime) felony: varies to life, up to $50,000 fine - Class B (crime) felony: 0–10 years, up to $20,000 fine - Class C (crime) felony: 0–5 years, up to $5,000 fine

Misdemeanor classifications §17-A-1604

Class D (crime) misdemeanor: up to 12 months, $2,000 fine - Class E (crime) misdemeanor: up to 6 months, $1,000 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §17-A-1704, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §17-A-1604	State prison (1 year or more) §17-A-1604
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §2264	Fewer offenses eligible §2264

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §15. Officers may arrest without a warrant for Class A, B, or C crimes on probable cause, and for Class D or E crimes committed in their presence. Me. R. Crim. P. 3–5 govern arrest and initial appearance. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Maine Constitution Art. I, § 10 guarantees bail for all bailable offenses. Bail set by District or Superior Court. Bail may be denied for murder, Class A crimes involving violence, and certain repeat offenders. Pretrial risk assessment available.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Maine.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §17-A-1802 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Maine has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed. Maine Commission on Indigent Legal Services (MCILS) oversees a statewide assigned counsel system. No traditional public defender office; private attorneys are appointed and compensated through MCILS.
Right to a speedy trial — Maine does not set a fixed number of days for speedy trial. Maine applies the constitutional Barker v. Wingo balancing test. Me. R. Crim. P. 48 permits dismissal for unnecessary delay. No fixed statutory day count.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Maine: Class A: up to 4 years; Class B: up to 3 years; Class C: up to 2 years; Class D/E: up to 1 year §17-A-1802 et seq..

Clearing your record

Maine does allow certain criminal records to be sealed or expunged §2264. Waiting periods: Immediate for dismissed/acquitted charges; limited expungement for certain juvenile and first-offense marijuana convictions. Maine has very limited expungement. Adult criminal convictions are generally not expungeable. Dismissed and acquitted charges may be sealed. Marijuana possession convictions (under 2.5 oz) may qualify for limited relief under post-legalization statutes.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §17-A-1107-A et seq.. Marijuana possession: Legal (up to 2.5 oz for adults per Question 1/2016); civil penalty for minor excess; criminal charges for unlicensed distribution.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §17-A-207 et seq.. Domestic violence offenses carry additional consequences including protective orders §19-A-4101 et seq..

Theft and property crimes

Classification depends on the value of property taken §17-A-353. Felony threshold: More than $1,000 (felony-level Class C for value more than $1,000 but not more than $10,000; Class B for more than $10,000; Class D for more than $500 but not more than $1,000; Class E for value of $500 or less; Class B also applies if the property is a firearm or explosive device or the person is armed with a dangerous weapon, and Class C applies with 2 or more prior listed convictions — ordinary theft by unauthorized taking or transfer, §17-A-353).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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