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  1. #1
    Join Date
    Mar 2008
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    4

    Default How Long To Press Charges

    In the state of Maine, how long does somebody have to press charges against somebody for assault?

  2. #2

    Default Re: How Long To Press Charges

    It depends on the exact assault statute and degree (Class) charged. See Maine statutes:

    Title 17-A: MAINE CRIMINAL CODE
    Part 1: GENERAL PRINCIPLES
    Chapter 1: PRELIMINARY


    2. Prosecutions for crimes other than murder or criminal homicide in the first or 2nd degree, or, if the victim had not attained the age of 16 years at the time of the crime, prosecutions for: incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct, are subject to the following periods of limitations:

    A. A prosecution for a Class A, Class B or Class C crime must be commenced within 6 years after it is committed; and [1981, c. 470, Pt. A, 38 (AMD).]
    B. A prosecution for a Class D or Class E crime must be commenced within 3 years after it is committed. [1975, c. 499, 1 (NEW).]
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  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: How Long To Press Charges

    You may get an idea on what you could be charged with at the site below:

    http://janus.state.me.us/legis/statu...-Ach9sec0.html

    Also keep in mind that the SOL could stop running in certain circumstances.

  4. #4
    Join Date
    Mar 2008
    Posts
    4

    Default Re: How Long To Press Charges

    What charges could be brought against me? This is what happened:

    A family member and I got into an arguement. The family member poured a drink on my head. In turn, I slapped her (open hand to the cheek). She then attempted to strike me and I extended my arm to keep her away. My hand was on her upper neck/chin. At that point, the altercation was broken up.

    She left about 20 minutes later and was fine (witnessed by 11 people). She then called several hours later claiming I had given her 2 black eyes and a broken nose. The fight was witnessed by 5 other people - all saying that I did not strike her in the eyes or nose - though nobody wants to be involved - they intend to say they did not see the fight because they do not want to be stuck between family members. A family member has seen her since and says there are no black eyes and her nose is red but that is all.

    What kind of charges can she press? She is telling everybody she is going to press charges agains me. What could happen to me?

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: How Long To Press Charges

    Well, either one of these could fit:

    207. Assault

    1. A person is guilty of assault if:

    A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime;
    or [2001, c. 383, 10 (NEW); 2001, c. 383, 156 (AFF).]

    B. The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another person who is less than 6 years of age. Violation of this paragraph is a Class C crime. [2001, c. 383, 10 (NEW); 2001, c. 383, 156 (AFF).]

    [ 2001, c. 383, 156 (AFF); 2001, c. 383, 10 (RPR) .]

    2. [ 2001, c. 383, 156 (AFF); 2001, c. 383, 10 (RP) .]

    3. For a violation under subsection 1, the court shall impose a sentencing alternative that involves a fine of not less than $300, which may not be suspended.
    [ 2005, c. 12, Pt. JJ, 1 (NEW) .]
    ------------------

    208. Aggravated assault

    1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes:

    A. Serious bodily injury to another;
    or [1975, c. 499, 1 (NEW).]

    B. Bodily injury to another with use of a dangerous weapon; or [1977, c. 510, 44 (RPR).]

    C. Bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Such circumstances include, but are not limited to, the number, location or nature of the injuries, the manner or method inflicted, or the observable physical condition of the victim. [1981, c. 317, 6 (AMD).]

    2. Aggravated assault is a Class B crime.
    ------------------

    I wouldn't worry about it unless she plans on calling the police and making a report.

    Did this happen last weekend?

  6. #6
    Join Date
    Mar 2008
    Posts
    4

    Default Re: How Long To Press Charges

    Yes, it happened Sunday at an Easter get together. I guess I am a bit naive or dumb - it just never occurred to me that I could have assualted her because she poured the drink on my head. My concern is that this family member is unstable and I feel like I need to be prepared for anything.

  7. #7
    Join Date
    Feb 2008
    Posts
    575

    Default Re: How Long To Press Charges

    Well, pouring a drink over your head is assault as well, as it is "offensive physical contact".

    You're both guilty.

  8. #8
    Join Date
    Mar 2008
    Posts
    4

    Default Re: How Long To Press Charges

    Please forgive my ignorance..... if we are both guilty, what does that mean if she does press charges? Should I press charges?

    I just hate to see everything I have worked for (my career and being a respected member of my community) go down the drain because I allowed her to bait me into an arguement and then stupidly slapping her.

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