|If you've been charged with domestic violence assault, you should contact an experienced criminal defense lawyer immediately.|
Protecting your rights and best interests
If you’re facing a domestic violence charge in Maine, you should seek legal advice from an experienced criminal law attorney immediately, and should never plead guilty to any charge without knowing the full consequences.
Domestic violence assault is a charge that Maine prosecutors pursue aggressively and judges sentence harshly. A felony charge can be brought against someone who has had a previous domestic assault conviction during the last 10 years, whether it occurred within or outside of Maine.
Besides possible jail time, thousands of dollars in fines, or probation, a domestic assault conviction can bring severe consequences beyond what the court imposes.
For example, it means never again being able to use or have firearms — no more hunting, no more target shooting, no firearms for personal protection.
This is because Federal law prohibits firearm possession by domestic violence offenders. A conviction would also impact any potential civil lawsuit brought by the alleged victim.
You have a right to self-defense
Very often, domestic violence assault cases center around a dispute between two people that involves alcohol or drug use. If a defendant reacted to a violent act by another, that defendant has the right under Maine law to make a claim of self-defense. The prosecution must then prove, beyond a reasonable doubt, that the defendant did not engage in self-defense.
At Lipman & Katz, we are experienced criminal law attorneys and can defend you or your loved one through these complex cases to ensure the best outcome and the full protection of your rights.
A person is guilty of domestic violence assault if they intentionally, knowingly, or recklessly cause bodily injury or offensive physical contact to another person and the victim is a family or household member. Domestic violence assaults are a direct product of the federal 1994 Lautenburg Amendment. Before 1994, only felons could be prohibited from possessing firearms. After 1994, by federal law, any person convicted of an assault against a family member or sexual partner, even though the crime was itself a misdemeanor, would be forevermore prohibited from possessing a firearm.
As a result of the evolution of the case law since the 1994 amendment, Maine codified domestic violence assault as a separate form of assault. It is important to note that there is no “twilight” provision which allows a person convicted of a domestic violence assault to possess a firearm. It is an instant and permanent disqualifier for the possession of firearms. The federal government will vigorously prosecute any person previously convicted of domestic violence assault found in the possession of a firearm.
Our clients have included military members, police officers, and lifelong hunters and gun enthusiasts. Often “victims” have been well-schooled by advocacy organizations in using such accusations to gain leverage in difficult family law situations. At Lipman & Katz, we treat these accusations seriously and are prepared to go to trial, consistent with the client’s wishes.
Call us at 800-660-3713 or fill out our free inquiry form to discuss your options.