Maine Assault Laws: Assault Classes, Aggravated Assault and Penalties

Maine has no crime called battery. Its Criminal Code uses one offense, assault, under 17-A M.R.S. 207, and it covers both injury and unwanted touching: a person is guilty of assault if the person "intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person." That is a Class D crime, punishable by less than one year. Placing someone in fear of imminent bodily injury is the separate crime of criminal threatening (209), and the serious forms are aggravated assault (208, Class B or A) and elevated aggravated assault (208-B, Class A). For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maine's assault offenses in Title 17-A, chapter 9 (sections 207, 207-A, 208, 208-A, 208-B, 208-C, 208-D, 208-E, 208-F, 209, 209-A, 211, 211-A and 213), the assault-on-an-officer and related sections 752-A, 752-C, 752-E and 752-F, the definitions in section 2, the crime classes in section 4, the sentencing sections 1604 and 1704, the prior-conviction rule in section 9-A, and the civil filing periods in 14 M.R.S. 752, 752-C, 753 and 853. It does not cover self-defense and justification (see Maine self-defense laws), protection from abuse orders (see Maine restraining order laws), sexual offenses, federal assault crimes (covered on the assault and battery hub) or local ordinances.

Assault vs. battery in Maine

Maine does not split the two ideas into separate crimes. Chapter 9 of Title 17-A, the chapter on offenses against the person, lists no offense named battery. What other states call battery, causing injury or making unwanted physical contact, is assault in Maine. Section 207(1) reads:

"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 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."

The part many states call assault, making someone afraid of being hurt, is a different offense in Maine. A person is guilty of criminal threatening under 17-A M.R.S. 209 "if that person intentionally or knowingly places another person in fear of imminent bodily injury." Criminal threatening is a Class D crime.

Is assault a felony in Maine?

Maine's Criminal Code grades crimes by class. Under 17-A M.R.S. 4(1), "Except for murder, all crimes defined by this Code are classified for purposes of sentencing as Class A, Class B, Class C, Class D and Class E crimes." Each assault section states its class rather than a felony or misdemeanor label, and the class sets the maximum sentence.

Simple assault under 207(1)(A) is a Class D crime, with a maximum term of less than one year. The lowest assault grade that carries a longer term is Class C, up to 5 years. That class applies to an adult injuring a child under 6 (207(1)(B)), domestic violence assault after a qualifying prior conviction within 10 years (207-A(1)(B)), and assaults on the on-duty officers and workers described below (752-A, 752-C, 752-E, 752-F). Aggravated assault is Class B or Class A.

Maine assault offenses and penalties

These are the ranges for the offense itself; 17-A M.R.S. 1604(5)(B) raises the class by one for some repeat convictions, described below.

The ranges come from Maine's class-sentencing sections. Under 17-A M.R.S. 1604(1), "Unless a different maximum term of imprisonment is specified by statute," the maximum term is 30 years for a Class A crime, 10 years for Class B, 5 years for Class C, "less than one year" for Class D and 6 months for Class E. Under 1704, unless a different maximum fine is specified, the fine ceilings for an individual are $50,000 (Class A), $20,000 (Class B), $5,000 (Class C), $2,000 (Class D) and $1,000 (Class E). These are maximums, not typical sentences.

For assault under 207(1), section 207(3) adds a floor: "the court shall impose a sentencing alternative that involves a fine of not less than $300." Under 207(4), the court may suspend all or part of that fine or impose a lesser fine if it finds "by a preponderance of the evidence that there are exceptional circumstances that justify imposition of a lesser financial penalty."

Bodily injury, serious bodily injury and dangerous weapons

Section 2 of Title 17-A defines the terms that decide the grade:

"Bodily injury" means physical pain, physical illness or any impairment of physical condition.

"Serious bodily injury" means a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for recovery of physical health.

The use of a dangerous weapon "means the use of a firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which, in the manner it is used or threatened to be used is capable of producing death or serious bodily injury."

Strangulation is not its own offense in section 208. It is one of the listed circumstances that can show extreme indifference to the value of human life under 208(1)(C), which includes "the number, location or nature of the injuries, the manner or method inflicted, the observable physical condition of the victim or the use of strangulation." For that paragraph, "strangulation" means "impeding the breathing or circulation of the blood of another person by intentionally, knowingly or recklessly applying pressure on the person's throat or neck." Causing bodily injury under those circumstances is a Class B crime.

Sentencing rules that can raise the grade

Repeat convictions (1604(5)(B)). If the State pleads and proves that, when a crime under chapter 9 (which includes the assault sections), another listed chapter, or section 752-A, 752-C or 752-F was committed, "the individual had 2 or more prior convictions" under chapter 9, 11, 12, 13, 27 or 35 (excluding former section 853-A), section 402-A(1)(A), or section 752-A, 752-C or 752-F (or for an attempt, or for substantially similar conduct in another jurisdiction), "the sentencing class for the crime is one class higher than it would otherwise be." A Class D assault can therefore be sentenced as Class C. A Class A crime is not raised a class; the prior record is given special weight instead. Under section 9-A, a prior conviction counts only if it came no more than 10 years before the new offense, though for this rule prior chapter 11 (sexual offense) convictions count at any time. This rule needs two priors; the domestic violence assault rule below needs only one.

Dangerous weapons (1604(5)(A)). If the State pleads and proves that a Class B, C, D or E crime "was committed with the use of a dangerous weapon," the sentencing class is one class higher. The paragraph lists exceptions: it "does not apply to a violation or an attempted violation of section 208," or "to any other offenses to which use of a dangerous weapon serves as an element," among others. So the weapon elevation does not apply to aggravated assault under section 208.

Firearms (1604(3)). If the State pleads and proves that a Class A, B or C crime "was committed with the use of a firearm against an individual," the court must impose a minimum prison term that may not be suspended: 4 years for Class A, 2 years for Class B and one year for Class C. The subsection lists exceptions, including where the State pleads and proves criminal threatening or terrorizing.

Assaulting a police officer, EMS worker, firefighter or emergency-room staff

Maine protects specific workers through separate Class C offenses, each tied to the work the person was doing:

• Law enforcement and corrections (752-A). A person commits assault on an officer by intentionally, knowingly or recklessly causing bodily injury "to a law enforcement officer while the officer is in the performance of the officer's official duties." The section also covers a person who, "While in custody pursuant to an arrest or pursuant to a court order," commits an assault under 207(1)(A) "on a corrections officer, corrections supervisor or another member of the staff of an institution while the staff member is performing official duties."
• Emergency medical services (752-C). Causing bodily injury "to a person licensed pursuant to Title 32, chapter 2-B while that licensee is providing emergency medical care regardless of the location where the emergency medical care is provided."
• Firefighters (752-E). Causing bodily injury to a firefighter "while the firefighter is providing emergency services." The section defines firefighter as "a municipal firefighter or volunteer firefighter as defined in Title 30-A, section 3151, subsections 2 and 4, respectively."
• Emergency rooms (752-F). Causing bodily injury "to a person employed or contracted by a hospital licensed under Title 22, chapter 405 if the injury occurs in the hospital's designated emergency room." This section protects hospital staff in the emergency room only; an injury elsewhere in a hospital falls under the ordinary assault sections unless another section applies.

Young children (207(1)(B)). An adult who causes bodily injury to a child under 6 commits a Class C crime.

Pregnant persons (208-C). Elevated aggravated assault on a pregnant person applies when a person "intentionally or knowingly causes serious bodily injury to a person the person knows or has reason to know is pregnant." For this section, serious bodily injury "includes bodily injury that results in the termination of a pregnancy." The section does not apply to acts relating to an abortion with the pregnant person's consent (or consent implied by law), or to "any medical treatment of the pregnant person or the fetus." It is a Class A crime.

Domestic violence assault in Maine

Maine has separate domestic violence versions of its assault crimes. Domestic violence assault under 17-A M.R.S. 207-A(1)(A) is an assault under section 207 where "the victim is a family or household member as defined in Title 19-A, section 4102, subsection 6 or a dating partner as defined in Title 19-A, section 4102, subsection 4." It is a Class D crime.

It becomes a Class C crime under 207-A(1)(B) when the person has one or more prior convictions for domestic violence assault or for other listed offenses (counted only within the 10-year window in section 9-A), including sections 208-D, 208-E, 208-F, 209-A, 210-B, 210-C and 211-A; the paragraph lists further qualifying convictions. Domestic violence aggravated assault under 208-D follows the aggravated assault grades: Class B for the 208(1)(A), (B) and (C) versions and Class A for the (A-1) version. Elevated aggravated assault (208-B) and elevated aggravated assault on a pregnant person (208-C) also have domestic violence versions, 208-E and 208-F, both Class A crimes. Criminal threatening and reckless conduct have domestic violence versions in 209-A and 211-A: Class D, or Class C with a listed prior conviction.

Federal law adds a firearm consequence: under 18 U.S.C. 922(g)(9), a person "convicted in any court of a misdemeanor crime of domestic violence" may not ship, transport, possess or receive firearms or ammunition in or affecting commerce. The assault and battery hub covers the federal layer. Protection from abuse orders are covered in Maine restraining order laws.

Recent changes to Maine assault law

The Maine Revised Statutes, current through October 1, 2026, show these as the latest substantive amendments to the assault sections:

• 2023: emergency rooms and EMS. Public Law 2023, chapter 455 created assault in an emergency room (752-F) and amended assault on an emergency medical services person (752-C).
• 2023: domestic violence. Public Law 2023, chapter 465 amended domestic violence assault (207-A) and domestic violence aggravated assault (208-D).
• 2023: sentencing. Public Law 2023, chapter 557 amended the class elevation rules in 1604.
• 2019: strangulation. Public Law 2019, chapter 91 broadened the definition of strangulation in 208(1)(C) to cover pressure on the throat or neck applied intentionally, knowingly or recklessly; the earlier definition required intentional impeding.

Changes made in 2025 to these sections were revisor's corrections (RR 2025, chapter 2), which fix wording rather than change the law.

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for damages are separate cases. Maine's general limitations statute, 14 M.R.S. 752, provides: "All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree ... and except as otherwise specially provided." Section 753 sets a shorter period for one category: "Actions for slander and libel must be commenced within 2 years after the cause of action accrues." Neither section names assault or battery, and other sections can set different periods. If the injured person was a minor, mentally ill, imprisoned or outside the United States when the claim arose, 14 M.R.S. 853 lets the period run from when that disability ends, and 14 M.R.S. 752-C allows actions based on sexual acts toward minors to be brought at any time. See the Maine statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate body of law; see Maine self-defense laws.
• Protection from abuse orders. See Maine restraining order laws.
• Clearing a record. Whether an assault conviction can be sealed or cleared is covered in Maine expungement laws.

Related pages

• Assault and battery laws by state
• Maine self-defense laws
• Maine restraining order laws
• Maine expungement laws
• Maine statute of limitations
• New Hampshire assault and battery laws

This article provides general legal information about Maine assault law, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Maine.

Last updated: 2026-10-14.

Frequently Asked Questions

Does Maine have a battery law?

No. Maine's Criminal Code has no offense named battery. Causing bodily injury or offensive physical contact is assault under 17-A M.R.S. 207, and placing someone in fear of imminent bodily injury is criminal threatening under 209.

Is assault a felony in Maine?

Maine's Criminal Code grades crimes by class, A through E (17-A M.R.S. 4(1)), and the assault sections are labeled by class, not as felonies or misdemeanors. Simple assault is a Class D crime, punishable by less than one year. Assault on a child under 6 by an adult, domestic violence assault with a qualifying prior conviction within 10 years, and causing bodily injury to a law enforcement officer performing official duties, an EMS licensee providing emergency medical care, a firefighter providing emergency services, or a hospital employee or contractor in the hospital's designated emergency room are Class C crimes, up to 5 years.

What is the penalty for assault in Maine?

Assault under 207(1)(A) is a Class D crime: imprisonment of less than one year (1604) and a fine of up to $2,000 (1704). Section 207(3) requires a fine of at least $300, which the court may suspend or reduce only for exceptional circumstances.

Is touching someone without injury assault in Maine?

It can be. Section 207(1)(A) covers intentionally, knowingly or recklessly causing offensive physical contact to another person, not only bodily injury. It is a Class D crime.

What is aggravated assault in Maine?

Under 17-A M.R.S. 208, aggravated assault is causing bodily injury that creates a substantial risk of death or extended convalescence, bodily injury with a dangerous weapon, or bodily injury under circumstances manifesting extreme indifference to human life (each Class B, up to 10 years). Injury causing serious, permanent disfigurement or loss or substantial impairment of a bodily function is Class A, up to 30 years.

Is strangulation a crime in Maine?

Maine has no separate strangulation offense in 208. Section 208(1)(C) lists the use of strangulation as a circumstance that can show extreme indifference to the value of human life, and causing bodily injury under those circumstances is aggravated assault, a Class B crime.

What happens if you assault a police officer in Maine?

Intentionally, knowingly or recklessly causing bodily injury to a law enforcement officer while the officer is performing official duties is assault on an officer under 17-A M.R.S. 752-A, a Class C crime punishable by up to 5 years and a fine of up to $5,000.

Is assaulting a nurse a crime in Maine?

Section 752-F makes it a Class C crime to cause bodily injury to a person employed or contracted by a licensed hospital if the injury occurs in the hospital's designated emergency room. Outside the emergency room, the general assault sections apply, along with any other section that fits the facts, such as 752-C for EMS licensees providing emergency medical care.

How long do you have to sue for assault in Maine?

Maine's general limitations statute, 14 M.R.S. 752, requires civil actions to be commenced within 6 years after the cause of action accrues, except as otherwise specially provided. It does not name assault, and other sections can set different periods: 14 M.R.S. 853 starts the period when a disability ends for a person who was a minor, mentally ill, imprisoned or outside the United States when the claim arose, and 14 M.R.S. 752-C lets actions based on sexual acts toward minors be brought at any time.