Class D Crime in Maine: Penalties, Examples, and Defenses

A Class D crime in Maine is the more serious of the state’s two misdemeanor categories, punishable by up to 364 days in jail and a fine of up to $2,000.¹² It sits above Class E and below the Class C felony line, and it covers much of the day-to-day docket in Maine’s district courts: simple assault, domestic violence assault, lower-value theft, and first-offense OUI. The sentence a judge hands down is only part of the story. A Class D conviction creates a criminal record that can affect employment, firearm rights, immigration status, and your ability to cross into Canada.

Where Class D Fits in Maine’s Criminal Classes

Maine’s criminal code groups all crimes except murder into five classes, A through E. Classes A, B, and C are felonies. Classes D and E are misdemeanors, with Class D the more serious tier. The classification is usually written into the statute that defines the offense. The assault statute, for instance, says a violation “is a Class D crime.”³

For crimes defined outside Title 17-A that don’t name a class, Maine looks at the maximum prison term the statute allows. If that maximum is more than one year but no more than three years, the offense is treated as Class D.⁴

Penalties for a Class D Conviction

Jail

The maximum jail sentence is less than one year, which in practice means up to 364 days.¹ Judges have wide discretion within that ceiling. A first-time defendant on a minor assault may get no jail time at all, while someone with a long record on the same charge can face months. Probation and community service are common alternatives when prior convictions are limited.

Some Class D offenses carry mandatory minimums the court cannot waive. A first-offense OUI requires at least 48 hours in jail if certain aggravating factors are present, such as a blood alcohol concentration of 0.15 or higher or a passenger under 21 in the vehicle.⁵

Fine

A Class D conviction can bring a fine of up to $2,000.² That is the general cap, and individual statutes sometimes set a different maximum for a specific offense. For comparison, Class E tops out at $1,000 and Class C at $5,000. First-offense OUI carries its own minimum fine of $500, or $600 if the driver refused a chemical test.⁵

Probation

The standard maximum probation term for a Class D crime is one year. There is one notable exception. If the court finds the offense was committed against a family member, household member, or dating partner and orders a certified domestic violence intervention program, probation can run up to two years. That extended term can be ended early once you have served at least a year, completed the program, paid restitution, and met every other condition.⁶

Restitution

The court can also order restitution to compensate a victim for financial losses tied to the crime, covering things like stolen property value, medical bills, or repair costs. Restitution is separate from the fine and goes to the victim rather than the state. The court weighs your ability to pay when setting the amount.

Offenses Most Commonly Charged as Class D

Simple Assault

Under Section 207, assault is intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person.³ The conduct ranges from a shove during an argument to a bar fight that leaves a bruise. Injuries that rise to the level of “serious bodily injury” push the charge into higher felony categories like aggravated assault.

Domestic Violence Assault

When the same conduct is directed at a family member, household member, or dating partner, it’s charged under Section 207-A as domestic violence assault. A first offense is Class D. A prior conviction for domestic violence assault or certain related offenses bumps the charge up to a Class C felony.⁷ The collateral consequences are serious even on a first offense.

Theft of Property Worth $500 to $1,000

Theft by unauthorized taking is Class D when the stolen property is worth more than $500 but not more than $1,000.⁸ Shoplifting and taking someone’s belongings without permission both fall in here when the value lands in that range. Theft of property worth $500 or less is usually Class E, and theft above $1,000 crosses into felony territory.

First-Offense OUI

Operating a motor vehicle under the influence of intoxicants, or with a blood alcohol concentration of 0.08 or more, is a Class D crime on a first offense. The minimum penalties include a $500 fine and a 150-day license suspension, neither of which the judge can suspend.⁵ If you hold a commercial driver’s license, a first OUI conviction triggers a minimum one-year CDL disqualification under federal rules, whether or not you were in a commercial vehicle at the time.

Consequences That Outlast the Sentence

A Permanent Criminal Record

Maine has very limited options for clearing a record. The state does not offer general expungement. Record sealing is available only for a narrow set of marijuana-related offenses committed before January 30, 2017, and only after a four-year wait with no other convictions anywhere and no pending charges.⁹ For almost every Class D conviction, the record is permanent. Every background check an employer, landlord, or lender runs will show it.

Firearms

A Class D conviction for domestic violence assault triggers a lifetime federal firearms ban. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence in any court is prohibited from shipping, transporting, or possessing any firearm or ammunition.¹⁰ Violating the ban is a separate federal felony. If you own firearms and are facing a domestic violence assault charge, this needs attention before any plea.

Immigration

Non-citizens should treat a Class D charge as high-stakes. Certain misdemeanors, particularly those involving theft or domestic violence, can be classified as crimes of moral turpitude or deportable offenses under federal immigration law. Whether a specific Maine Class D offense qualifies depends on how its elements map onto those federal categories. A conviction that looks minor under Maine law can trigger removal proceedings, block a visa renewal, or sink a pending green card application. Talk to an immigration attorney before accepting any plea.

Travel to Canada

Canada decides admissibility by matching your U.S. offense to Canadian criminal law. If the Canadian equivalent is classified as “indictable,” border officers can deny entry. OUI is a particular trap: since December 2018, impaired driving has been treated as a serious criminal offense under Canadian law, and a single conviction can make you inadmissible. Two routes exist to overcome inadmissibility. A Temporary Resident Permit allows entry for up to three years but isn’t permanent. Criminal Rehabilitation is permanent but requires waiting at least five years after completing your sentence.

Defending a Class D Charge

The right strategy depends on the specific offense and the facts, but a few approaches recur.

Many Class D offenses require the prosecution to prove a particular mental state. Simple assault requires proof that you acted intentionally, knowingly, or recklessly.³ If the contact was genuinely accidental, the state hasn’t carried its burden. Most contested assault trials turn here, not on whether contact occurred but on whether your state of mind fits the statute.

Self-defense is often raised in assault cases. Maine law permits the use of reasonable force when you genuinely believe you are in imminent danger of physical harm. The force has to be proportional. Responding to a shove with a punch may be reasonable; responding with a weapon generally isn’t. The fact finder weighs the force used against the threat faced.

Challenging the evidence itself is always available. Evidence obtained through an illegal search or in violation of your constitutional rights may be excluded. In OUI cases, defense attorneys often attack the reliability of field sobriety tests, the calibration of breath-testing equipment, or whether the officer had reasonable suspicion to make the stop. OUI is a strict liability offense in Maine,⁵ so the state doesn’t have to prove you intended to drive impaired, but it still has to prove you were actually impaired or over the legal limit.

What Defending a Class D Case Costs

Beyond the court fine of up to $2,000, defending a Class D charge brings real out-of-pocket costs. Criminal defense attorneys handling misdemeanors generally charge flat fees from roughly $1,000 to $10,000, depending on complexity, experience, and whether the case goes to trial. Where attorneys bill hourly, rates in most markets run from about $100 to $400 per hour. Expert witnesses, private investigators, and specialized testing, common in OUI defense, add to that.

Restitution is a separate variable. In theft or assault cases with documented victim losses, it can add hundreds or thousands of dollars on top of the fine and legal fees. Even a “minor” misdemeanor often costs several thousand dollars once you include indirect items like lost wages from court dates and higher insurance premiums after an OUI.

1
Maine State Legislature. Maine Code Title 17-A 1604 – Imprisonment for Crimes Other Than Murder
2
Maine State Legislature. Maine Code Title 17-A 1704 – Maximum Fine Amounts Authorized for Convicted Individuals
3
Maine State Legislature. Maine Code Title 17-A 207 – Assault
4
Maine State Legislature. Maine Code Title 17-A 4-A – Crimes and Civil Violations Outside the Code
5
Maine State Legislature. Maine Code Title 29-A 2411 – Criminal OUI
6
Maine State Legislature. Maine Code Title 17-A 1804 – Period of Probation; Modification; Termination and Discharge
7
Maine Legislature. Maine Code Title 17-A 207-A – Domestic Violence Assault
8
Maine State Legislature. Maine Code Title 17-A 353 – Theft by Unauthorized Taking or Transfer
9
State of Maine Judicial Branch. Sealing Your Criminal Record
10
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts