What is a Second Degree Felony in Maine?

In Maine, the law does not refer to crimes as 'felonies' or 'misdemeanors,' but, for sentencing purposes, classifies crimes, per Section §4 of Title 17-A of Maine Revised Statutes, into Class A, B, C, D, and E. Classes A to C represent felony-level crimes, while Classes C and D represent misdemeanor crimes. As such, while "second-degree felony" is not an official classification in Maine, its equivalent in the state are Class B crimes.

In Maine, a Class B crime is a serious offense punishable by more than 5 years but no more than 10 years in prison. Nevertheless, it is less serious than a Class A crime (e.g., elevated aggravated assault), which is punishable by more than 10 years of imprisonment, but more serious than a Class C, D, or E crime (e.g., burglary, simple assault, and criminal mischief, respectively). Some of the types of crimes that fall under the Class B category are defined in different sections of Title 17-A.

Which Crimes Are Considered Second Degree Felonies in Maine?

The following are the common “Class B” crimes in Maine:

• Criminal conspiracy to commit a Class A crime (§151.1.B)
• Gross sexual assault under certain violations (§253)
• Unlawful sexual contact with penetration involving a child under 12 (§255.1.F-1)
• Sexual exploitation of a minor (§282)
• Dissemination of sexually explicit material involving a minor (§283)
• Possession of sexually explicit material in certain violations (§284)
• Aggravated assault causing body injury (§208)
• Burglary (§401)
• Theft by unauthorized taking or transfer of property worth more than $10,000 (§353)
• Aggravated trafficking of scheduled drugs (§1105)
• Robbery (§651)

Under certain attending circumstances or aggravating and mitigating factors, some of the listed Class B crimes can be Class A or C crimes.

What is Second Degree Murder and How is it Classified in Maine?

Maine criminal law does not classify murder in degrees. Murder is considered the most serious crime in Maine and, as such, is in a separate class from Class A, B, or C crimes (17-A M.R.S.A §4). The killing of a person by another is either murder (17-A M.R.S.A §201), felony murder (17-A M.R.S.A §202), or manslaughter (17-A M.R.S.A §203).

Per the state's law, a person is guilty of murder when the person intentionally or knowingly causes the death of another, engages in conduct demonstrating depraved indifference to human life, and the conduct causes the death of another, or, through force, duress, or deception, the person knowingly or intentionally causes another person to commit suicide.

In contrast, felony murder and manslaughter are Class A crimes and are less serious than murder. A person commits felony murder when the person, acting alone or with others, causes the death of another during the commission of, attempt to, or immediate flight after committing or attempting to commit certain crimes, including arson, robbery, burglary, and kidnapping. On the other hand, a person is guilty of manslaughter if the person recklessly or with criminal negligence causes the death of another or intentionally or knowingly causes another's death while acting under the influence of extreme anger or fear brought about by adequate provocation.

Even though felony murder and manslaughter are both Class A crimes, felony murder is the more serious one, punishable by up to 30 years imprisonment and fines of up to $50,000, or both (17-A M.R.S §1604; §1704).

Maine Second Degree Felonies Penalties and Punishments

The typical punishment for Class B crimes in Maine is prison terms of 5 to 10 years, fines up to $20,000, and probation up to 3 years (per 17-A M.R.S §§4-A(3); 17-A M.R.S §1604; 17-A M.R.S §1704; and 17-A M.R.S §§§1804). Other penalties include restitution and community service.

Note that in Maine, certain offenses can change from Class B to Class A and even down to Class C, depending on specific circumstances, which can lead to penalties being imposed accordingly. For example, permanent disfigurement or substantial impairment of any body organ function can elevate aggravated assault to a Class A crime (17-A M.R.S.A §208). The same applies to the sexual exploitation of a minor if the defendant has previously been convicted of the same crime (17-A M.R.S.A §282). Additionally, mitigating circumstances, such as the defendant's age, remorse, or cooperation, can lead to minimum sentences, fines, or probation.

The table summarizes prison time, fines, and other penalties for ‘Class B’ crimes in Maine.

Are Second Degree Felony Records Public in Maine?

Yes. Second-degree felony records (Class B crimes in Maine) are public and available for inspection and copying under the Maine Freedom of Access Act, unless restricted by law or court order. This includes felony arrests and criminal court records. The Maine State Bureau of Identification (SBI) also makes statewide criminal history records public under the Criminal History Record Information Act, which allows the dissemination of public criminal history records to anyone for any purpose, without time limits.

However, the law allows certain information to be restricted or removed from a criminal record to protect privacy and prevent harm. This includes sealed records following full pardons from the state governor and non-conviction records, such as arrests without disposition after one year, dismissals, and acquittals (MRS Title 16, Chapter 7).

Typically, the confidentiality of criminal history records varies by state. Some states, like Maine and Washington, permit public access to statewide criminal history records, while others, such as Alaska and Louisiana, limit access to authorized individuals and agencies.

How to Access Second Degree Felony Court Records in Maine

Individuals can access second-degree felony (Class B) court records in Maine by mailing a completed "Records Search Request" form with a self-addressed stamped envelope to:

Judicial Branch Service Center
P.O. Box 266
Lewiston, ME 04240.
For FedEx or UPS: 250 Goddard Road, Lewiston, ME 04240.

Alternatively, records are available online through re:SearchMaine, the state’s electronic court records platform. User registration is required. However, there is no fee to register and conduct searches. Additionally, individuals may visit or call the Superior Court Clerk’s Office where the felony case was heard or is pending to search or request copies of case records. The defendant’s name, case type, or docket number should be provided to help facilitate the search. Search and copy fees may apply.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree felony charges, classified as Class B crimes in Maine, can be reduced or dismissed, usually through plea bargains, motions, or deferred dispositions. However, the possibility of charge reductions or dismissals generally depends on the case, evidence, and the quality of the defendant’s legal representation. Individuals facing criminal charges should always consult a lawyer.

That said, as outlined in 17-A M.R.S. §2103 and Rule 11A of Maine Rules of Unified Criminal Procedure, the defendant and prosecutor may negotiate a plea bargain to reduce a Class B felony to a lesser charge, like a Class C or D crime, in exchange for a guilty plea.

Alternatively, through a deferred disposition under 17-A M.R.S. §§1901–1902, eligible defendants (often for drug-related Class B crimes under Chapter 45) can plead guilty, complete court-ordered conditions, such as probation, community service, drug treatment and evaluation for a set period, and have the charge dismissed upon completion.

Furthermore, the prosecuting attorney may dismiss charges before or during trial by filing a nolle prosequi. This can be due to reasons such as weak testimony, inadmissible evidence, and a lack of witnesses. Similarly, the court may, upon the motion of the defendant or on its own, dismiss indictments and complaints if there is an unnecessary delay in bringing the defendant to trial (Maine Rules of Unified Criminal Procedure, Rule 48a and 48b).

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Maine?

No. Class B crime records (the state's version of second-degree felony) cannot be expunged or sealed. Murder records, including felony murder and manslaughter, also cannot be expunged or sealed. However, a person's felony conviction record can become “confidential criminal history record information” if the governor of Maine grants a full pardon. As confidential information, the record is hidden from public view, but it is not destroyed or erased and may still be accessible to authorized entities, including law enforcement. To seek a pardon, individuals must petition the Governor's Board on Executive Clemency (pardon application form). Petitioners must demonstrate rehabilitation and must have waited five (5) years from the date of the completion of their sentence, including probation and restitution, to be eligible for a full pardon.

How Long Do Second Degree Felony Records Stay Public in Maine?

In Maine, Class B crime records (second-degree felony) stay public for life, unless the governor grants a full pardon to the offender, making their records confidential. Otherwise, adult felony records will remain public forever, as they cannot be sealed or expunged. Under Maine's Criminal History Record Information Act, public criminal history record information can be disseminated by the custodian agency to any person or entity for any purpose with no time limit. However, the case is different for juvenile records. Under Title 15, §3010, juvenile history record information is confidential and not open to public disclosure. Unlike Maine, states such as Utah, Pennsylvania, Michigan, and New York have clean slate laws that automatically expunge or seal certain felony records after a specified number of years.