Criminal Defense Lawyers

How Do Maine’s Sentencing Guidelines Treat Armed Robbery Cases?

Maine’s Tough Stance on Armed Robbery: What You Need to Know

Armed robbery is considered a very serious crime in Maine – and the state’s sentencing guidelines reflect that. If you or a loved one is facing armed robbery charges, it’s crucial to understand the potential consequences and how the legal system approaches these cases.This article will break down the key points on Maine’s armed robbery laws, sentencing guidelines, and common defenses. We’ll also discuss some real-life examples and insights from experienced criminal defense lawyers.

What Exactly is Armed Robbery in Maine?

Under Maine law, armed robbery is defined as theft involving the use or threatened use of force while armed with a dangerous weapon.It’s considered a Class A crime if the offender:

• Uses or attempts physical force to overcome resistance or compel the victim
• Intentionally inflicts or tries to inflict bodily injury
• Is armed with a dangerous weapon or knows an accomplice is armed

Armed robbery is a Class B crime if the offender:

• Recklessly inflicts bodily injury
• Threatens force to steal property or prevent resistance

So in plain English – armed robbery means stealing from someone through violence, threats, or while having a weapon like a gun or knife. The charges get more serious if a weapon was used or the victim was harmed.

Potential Penalties for Armed Robbery Convictions

The penalties for armed robbery in Maine are no joke. Possible sentences include:Class A Armed Robbery

• Up to 30 years in prison
• Up to $50,000 fine

Class B Armed Robbery

• Up to 10 years in prison
• Up to $20,000 fine

And that’s just the baseline. Sentences can be increased even further for aggravating factors like:

• Using a firearm (minimum 4-7 year sentence)
• Having prior armed robbery convictions
• Inflicting serious bodily injury
• Robbery against a vulnerable victim (elderly, disabled, child, etc.)

Judges have quite a bit of discretion when sentencing armed robbery cases. But generally, expect very harsh penalties – especially for violent incidents or those involving guns.

What Factors Influence Sentencing?

Maine judges must consider a number of factors when determining an appropriate sentence for armed robbery, including:

• Nature and circumstances of the crime
• Age and background of the defendant
• Potential for rehabilitation
• Need to protect public safety
• Mitigating or aggravating circumstances
• Victim impact statements

Defendants with minimal criminal histories who show remorse and strong rehabilitation potential may receive more lenient sentences. But repeat offenders or those with aggravating factors can expect harsher punishments.The overarching goals are deterring future crimes, protecting the public, and ensuring the sentence fits the crime’s severity.

Insights from a Maine Criminal Defense Lawyer

To get a clearer picture of how armed robbery cases play out, I spoke with Bill Bly, an experienced criminal defense attorney in Maine:“Armed robbery charges are among the most serious my clients face. Prosecutors are extremely aggressive, and judges tend to throw the book at defendants – especially those with prior records or who used firearms during the robbery.”“That said, every case is unique. I’ve been able to secure more favorable outcomes for first-time offenders who took responsibility and showed a commitment to turning their lives around. Strong mitigating evidence of diminished capacity or coercion can also help.”“But in general, you’re looking at significant prison time if convicted of armed robbery in Maine. Hiring an experienced defense lawyer to protect your rights and explore all options is absolutely crucial.”Bly’s insights reinforce that while armed robbery carries harsh penalties in Maine, a skilled legal defense can make a major difference – especially for defendants with mitigating circumstances.

H2: Common Defenses for Armed Robbery Cases

While armed robbery charges are extremely serious, there are still potential defenses that an experienced lawyer may pursue, such as:

Mistaken Identity
If the defendant has an alibi or there are identification issues, a lawyer can argue their client was not actually the perpetrator.

Lack of Evidence
All criminal cases require proof beyond a reasonable doubt. If the evidence is circumstantial or conflicting, a lawyer can argue it’s insufficient.

Duress/Coercion
If the defendant committed the robbery under threat of violence or intimidation, this could potentially mitigate the charges.

Mental Incapacity
Those with diminished mental capacity may have lacked the required criminal intent for armed robbery.

Police Misconduct
Constitutional violations like unlawful searches, coerced confessions, etc. could get evidence suppressed or charges dismissed.

Plea Negotiations
Skilled lawyers can often negotiate favorable plea deals for reduced charges or sentences – especially for defendants with mitigating factors.The availability and strength of these defenses depends heavily on the specific facts of each case. But they illustrate that – while difficult – armed robbery charges can potentially be beaten or mitigated with strategic legal representation.

A Look at Some High-Profile Maine Armed Robbery Cases

To better understand how armed robbery plays out in the real world, let’s examine some recent, high-profile cases in Maine:

The Bangor Savings Bank Robbery

In November 2021, Brandon Simmons robbed a Bangor Savings Bank in York while claiming to have a bomb. After a multi-state crime spree, he was eventually arrested and sentenced to 9.5 years in federal prison.This case highlights the severe consequences of armed bank robbery – even when no one was physically harmed. Simmons’ lengthy sentence also demonstrates that fleeing and resisting arrest can lead to additional charges and harsher penalties.

The South Portland Key Bank Robbery

In January 2024, Jason Arsenault robbed a Key Bank in South Portland while claiming to have an explosive device. After a massive police search and evacuation of the area, he was quickly arrested and charged with robbery, theft, terrorizing, and other offenses.While Arsenault’s case is still pending, it underscores how deadly weapon threats – even if fake – can dramatically raise the stakes and charges for an armed robbery. His alleged use of an “explosive device” threat likely contributed to the robust law enforcement response.

The Norridgewock Home Invasion Robbery

In December 2023, three suspects committed an armed home invasion robbery in Norridgewock, assaulting the resident and stealing cash before fleeing into the woods. After a massive manhunt, the suspects were arrested and faced charges like robbery, assault, and terrorizing.This case demonstrates the aggressive stance Maine takes toward armed robberies – especially violent home invasions. The charges and law enforcement resources dedicated to this case reflect how armed robbery against residential victims is treated with the utmost severity.These examples show that armed robbery cases in Maine frequently result in lengthy sentences – even for first-time offenders. They also illustrate how aggravating factors like weapons, violence, and resisting arrest can dramatically increase penalties.

Experienced Legal Representation is Crucial

If you or someone you know is facing armed robbery charges in Maine, having a skilled, experienced criminal defense lawyer on your side is absolutely essential. These cases are extremely complex, with severe potential consequences.A qualified attorney can:

• Carefully review all evidence and circumstances
• Identify any potential constitutional violations
• Pursue all available defenses and mitigation strategies
• Negotiate for reduced charges or sentences when possible
• Ensure your rights are fully protected throughout the process

While armed robbery charges are undoubtedly serious, the right legal representation can make a tremendous difference in the outcome. Don’t take any chances – your future is on the line.

Taking the Next Steps

Dealing with armed robbery charges is unquestionably daunting. But staying informed, knowing your rights, and having a top criminal defense lawyer fight for you can go a long way.If you or a loved one is facing these charges in Maine, take action immediately. The experienced attorneys at Spodek Law Group are here to help – just call 212-210-1851 for a free, confidential consultation.