What Is a Class C (Third-Degree) Felony in Maine?

In Maine, the law does not have a formal category of third-degree felony offenses, unlike some other states, such as Texas or Florida. Instead, according to Title 17A of the Maine Criminal Code, offenses are classified into five categories: A, B, C, D, and E. Offenses in classes A, B, and C are felony offenses, while categories D and E refer to misdemeanors. Hence, felony offenses in Classes A, B, and C may be viewed as first-, second, and third-degree crimes, respectively. Although offenses in Class C are less severe, they still carry serious jail time and heavy fines. Even “lesser” felonies carry the risk of years of prison, significant fines, and lasting collateral consequences such as loss of civil rights, difficulty with employment, housing, or professional licensing. Examples of offenses in this category include:

• Aggravated OUI
• Aggravated criminal mischief
• Aggravated felony theft
• Possession of sexually explicit material of a minor
• Tampering with a witness.

Common Offenses That Fall Under Third-Degree Felony Charges

Offenses that fall under third-degree felony charges in Maine would be those listed in Class C. The following are examples of these types of crimes:

1. Aggravated OUI: A person is guilty of committing an aggravated OUI in Maine if they are found operating a motor vehicle above the state’s blood alcohol content limit and have two prior OUI convictions. Perpetrators are likely to face a jail term of at least 30 days and a fine of $1,100.
2. Aggravated criminal mischief: If an individual knowingly damages the property of another worth over $2,000, they are guilty of aggravated criminal mischief. Such a person would be liable to a jail term of up to one year and a fine of up to $2,000.
3. Aggravated felony theft: This qualifies as a Class C felony if it is proven that a person has stolen between $1,000 and $10,000. This crime is punishable by up to 5 years in jail and a maximum fine of $5,000.
4. Possession of sexually explicit material of a minor: A person who possesses and shares sexual materials of a minor and has prior convictions of a similar nature is guilty of a Class C offense. They may face a maximum 5-year prison sentence and be fined up to $5,000.

Penalties and Sentencing for Class C (Third-Degree) Felonies in Maine

The penalties and sentencing a person faces for committing a crime in Maine depend on the class of the crime. For example, a person convicted of OUI, which has aggravating factors that make it a Class C felony offense, may face at least 30 days in prison and pay a fine of $1,100. They may also be expected to pay a fine. Meanwhile, aggravated criminal punishment carries a maximum sentence of up to one year, accompanied by a fine of $2,000. The following table lists multiple Class C offenses and their corresponding possible punishments.

Will You Go to Jail for a Class C (Third-Degree) Felony in Maine?

Yes, a third-degree felony jail time (or its Maine equivalent) in Maine) if a person is found guilty of committing a felony. All felony crimes in Maine carry a prison sentence. However, a court may occasionally offer probation or a reduced sentence in place of jail time, particularly for first-time offenders. Depending on the offense, aggravating circumstances, and a person’s criminal history, they may not be sentenced to prison.

How Long Does a Third-Degree Felony Stay on Your Record?

In Maine, a felony stays on a person’s record indefinitely. Maine Law does not provide an expiration date for felony records. However, parties can decide to have their records removed or expunged. However, they can only do this 10 years after their sentence has ended. Additionally, it may be automatically removed if the person is acquitted or proven not guilty of the crime. Law enforcement agents and court officials may still be able to view these records even though they have been expunged.

Can a Third-Degree Felony Be Sealed or Expunged in Maine?

In Maine, felony convictions cannot be expunged from court records. According to Section 2167.307 of Maine’s Criminal Court Procedure, a person may request that references to the pardoned offense be removed if the governor grants them a complete and unconditional pardon. To have all references removed from the Federal Bureau of Investigation's records, such individuals may submit a formal request to the State Bureau of Identification. The applicant must not have any outstanding criminal charges or convictions to be eligible for a pardon. Ten years from the date of their sentence's discharge, interested parties may submit applications.

The information in a pardoned person's criminal history records is considered confidential, even though a complete pardon does not necessarily result in the complete erasure of criminal records. The public cannot access documents that are classified as confidential criminal history information. Under section 703, only authorised individuals may access these felony records once they have been removed.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In Maine, felonies are categorised into three classes: Class A, B, and C. Offenses are assigned to each category based on the severity of the offense. Maine Law also ascribes different levels of punishment to each class of crime. For instance:

• Class A Crimes: These crimes are the most serious charges and carry a maximum sentence of 30 years in jail. Class A offenses can potentially result in fines of up to $50,000. In Maine, manslaughter is classified as a Class A offense.
• Class B Crimes: These are offenses that carry a maximum 10-year prison sentence and/or a maximum fine of $20,000. In Maine, aggravated assault is classified as a Class B offense.
• Class C Crimes: These are offenses that carry a maximum sentence of five years in jail or a maximum fine of $5,000. Additionally, offenders may face penalties in addition to incarceration. Terrorizing is a Class C offense.

How to Look Up Third-Degree Felony Records in Maine

There are multiple ways for people to access felony records in Maine. For example, they can utilize the Maine Criminal History Record and Juvenile Crime Information Request Service. Record seekers can complete a search using the name or the date of birth of the recordholder. Interested parties may also obtain these records through the county clerk’s office of the county where the offender was sentenced. They can either visit the office in person or use one of the available online directories. Lastly, to save time and avoid search fees associated with government resources, people can use third-party websites to find felony records.

Probation and Parole for Third-Degree Felony Offenders

In Maine, probation may be available to individuals convicted of a lower-class felony, particularly if the offense was nonviolent and the offender has no significant prior convictions. Judges frequently consider the offender's potential for community rehabilitation. Depending on the parole board and legislative regulations, parole eligibility typically occurs after serving a portion of the prison sentence. Parole is granted based on an individual's compliance, risk evaluations, and behavior. Therefore, instead of lengthy incarceration, lower-level felony punishment would most likely result in parole or probation, although this is not always guaranteed.