Understanding Class D Crimes in Maine

A crime is a conduct prohibited by law (Maine Criminal Code or other statute) that may result in an imprisonment sentence. Crimes in Maine are grouped into classes—A, B, C, D, and E—with Class A being the most serious and Class E being the least serious crime. Maine transitioned to this class-based system from the traditional felony/misdemeanor classification, primarily for sentencing purposes. However, some crimes, such as murder, are unclassified.

Under this system, Class D and E crimes are generally the least severe and are considered the equivalent of misdemeanors in other states. Classes A, B, and C are the equivalent of felonies. Class D crimes represent the most severe misdemeanor-equivalent offenses, comparable to a Class A, Level 1, or First-Degree misdemeanor in states that use such classifications.

Examples of Class D Crimes in Maine

Common examples of Class D crimes under the Maine Criminal Code include criminal threatening, violation of a restraining order, aiding or soliciting suicide, assault, stalking, and domestic violence terrorizing. Additionally, some offenses outside the criminal code are not expressly classified by statute but are designated as Class D crimes at sentencing. Examples of these include tampering with a railroad car and the removal of packing or bearings from journal boxes. Individuals may research cases that receive this classification by reviewing Maine Criminal Court Records.

The table below details some offenses and their possible punishments in Maine.

Penalties for a Class D Crime in Maine

A conviction for a Class D offense in Maine may result in several types of penalties, depending on the circumstances of the case. Maine law (17-A M.R.S. §1604 and 17-A M.R.S. §1704 ) sets the punishments for an offense assigned as Class D to be less than a year (up to 364 days) in county jail or a fine of up to $2,000. However, certain offenses outside the criminal code carry longer incarceration terms. As defined in 17-A M.R.S. §4-A, any unclassified offense outside the criminal code that carries a prescribed incarceration term of more than one year but less than three years is automatically designated as a Class D crime.

Penalties for a Class D crime may also be enhanced based on several factors. For example, an organization convicted of a Class D crime may be required to pay a fine exceeding the standard $2,000. Also, committing a Class D crime using a dangerous weapon, or committing a Class D crime while having two or more prior convictions under specific statutes, will elevate the offense to a Class C crime. These statutes include:

• 17-A M.R.S. ch. 9
• 17-A M.R.S. ch. 11
• 17-A M.R.S. ch. 12
• 17-A M.R.S. ch. 13
• 17-A M.R.S. ch. 27
• 17-A M.R.S. ch. 35

Probation and Alternative Sentencing Options in Maine

Maine law, under Title 17-A, §1502, gives courts a range of authorized sentencing options (including alternatives) for any individual convicted of a Class D crime. Alternative sentencing options to incarceration include:

• Unconditional discharge
• Split sentence (jail plus probation)
• Suspended jail sentence with probation
• Fine plus probation
• Community service work
• Administrative release (instead of probation)
• Split sentence plus administrative release
• Suspended sentence plus administrative release
• Supervised release
• Deferred disposition
• Restitution
• Substance use disorder treatment considerations

A judge chooses an alternative punishment (or a combination) based on the circumstances of each case. The conditions for each alternative penalty differ but generally include requirements such as supervision, complying with all court orders, maintaining employment or attending school, and avoiding new criminal conduct.

Can a Class D Crime Be Expunged or Sealed in Maine?

In Maine, expungement and record sealing options for crimes are quite limited. Expungement of convictions is not available in the state, and under 15 M.R.S. §2261, only select Class D crimes are eligible for sealing. These include certain marijuana-related offenses committed before January 30, 2017, such as Class D marijuana cultivation, Class D unlawful possession of marijuana, and specific Class D aggravated cultivating offenses. Sealing is more commonly available for Class E crimes, with only a few exceptions.

The prerequisites for the sealing of eligible convictions (including Class D crimes) in Maine are outlined in 15 M.R.S. §2262 and include the following:

• At least four years must have passed since the full completion of the imposed sentence.
• The individual must not have any new convictions since completing the sentence, including charges dismissed through a deferred disposition.
• There must be no criminal convictions from another state during this period.
• The individual must have no pending criminal cases.

The individual's age at the time the crime was committed is also considered.

The table below summarizes sealing availability for Class D crimes in Maine.

Long-Term Consequences of a Class D Crime Conviction

A Class D conviction in Maine may have a significant and enduring impact on an individual's life. When convicted, the conviction becomes part of a publicly accessible criminal record, and due to extremely limited relief options in Maine, this record is almost always permanently public. This accessibility allows employers, government agencies, and private organizations to view the record, which may affect employability and eligibility for certain benefits.

Additional consequences may include restrictions on professional licensing and firearm ownership. Under 5 M.R.S. § 5303, most professional licensing boards may consider a prior conviction only for three years after the individual’s discharge from incarceration. For certain regulated professions, the review period extends to 10 years. Licensing bodies with this extended period include:

• Maine Board of Licensure in Medicine
• Maine State Board of Nursing
• Board of Trustees of the Maine Criminal Justice Academy
• Maine Emergency Medical Services (EMS) Board
• Department of Agriculture, Conservation and Forestry (Hemp licensing)

After the lookback period, the individuals are to be treated as though they never had a conviction. 15 M.R.S. § 393 also prohibits anyone convicted of a violence-related Class D crime from owning or controlling firearms in the state.

What to Do if You’re Charged with a Class D Crime in Maine

If an individual is charged with a Class D crime in Maine, it is important to prioritize the situation and take immediate, yet organized, steps to address it. Firstly, the individual should carefully review the legal paperwork they received to know the specific crime they are being charged with and the potential penalties. Following this, the individual should gather any relevant evidence, comply with all legal notices, and prepare to attend every court hearing.

The individual should also seek legal help, as a lawyer may help them better understand the situation, their rights, and navigate court procedures.

Statute of Limitations for Class D Crimes in Maine

The statute of limitations in Maine for Class D crimes is three years per 17-A M.R.S. § 8. This means the state has three years to pursue charges against a person suspected of committing a Class D crime. The time starts counting from the date the offense was committed, but may be paused while:

• The suspect is absent from the state (but this provision cannot extend the period of limitation beyond 5 years), or
• Another prosecution for the same crime based on the same conduct is pending in the state.

Also, if a timely prosecution is dismissed due to an error or defect, the state may refile charges for the same conduct within six months or at the next jury session, whichever comes first. Class D crimes involving a breach of fiduciary obligation or official misconduct by a public servant may be prosecuted after three years. However, the action must commence within one year of the state discovering the crime (for a fiduciary offense) or within two years after the public servant leaves office. However, this limit extension is capped at five years after the offense commission.

The table below outlines the statute of limitations for Class D crimes in Maine.