Charges and sentences
Felony and misdemeanor classes in Maine
Maine does not use the labels felony and misdemeanor in its criminal code. Instead, every crime except murder is a Class A, B, C, D or E crime, and the class sets the maximum sentence. Class A, B and C crimes can bring a year or more in prison. Class D and E crimes cannot.1
Checked October 29, 2026 against Maine's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- Maine's criminal code does not define felony or misdemeanor. It sorts crimes into Class A through E by maximum sentence. Class A, B and C crimes (maximums of 30, 10 and 5 years) can bring more than a year in prison. Class D crimes carry a maximum of less than one year and Class E crimes a maximum of 6 months.1
- Felony theft starts at
- More than $1,000How theft is graded
- When a OUI is a felony
- Maine does not use the word felony. A person with two or more earlier OUI offenses within 10 years faces a Class C crime (up to 5 years in prison). A first or second OUI is a Class D crime.2
Crime classes in Maine
| Class | Penalty | The law |
|---|---|---|
| Class A crime | Up to 30 years in prison; fine up to $50,000If the State proves a firearm was used against a person, a minimum prison term applies that cannot be suspended: 4 years for Class A. A different maximum can apply if another statute sets one. The fine cap comes from § 1704: "Class A crime. In the case of a Class A crime, $50,000;". | 17-A M.R.S. § 1604(1); § 17041 |
| Class B crime | Up to 10 years in prison; fine up to $20,000If the State proves a firearm was used against a person, a minimum prison term applies that cannot be suspended: 2 years for Class B. The fine cap comes from § 1704: "Class B crime. In the case of a Class B crime, $20,000;". | 17-A M.R.S. § 1604(1); § 17041 |
| Class C crime | Up to 5 years in prison; fine up to $5,000If the State proves a firearm was used against a person, a minimum prison term applies that cannot be suspended: 1 year for Class C. The fine cap comes from § 1704: "Class C crime. In the case of a Class C crime, $5,000;". | 17-A M.R.S. § 1604(1); § 17041 |
| Class D crime | Less than 1 year in jail or prison; fine up to $2,000The fine cap comes from § 1704: "Class D crime. In the case of a Class D crime, $2,000; and". | 17-A M.R.S. § 1604(1); § 17041 |
| Class E crime | Up to 6 months; fine up to $1,000The fine cap comes from § 1704: "Class E crime. In the case of a Class E crime, $1,000.". | 17-A M.R.S. § 1604(1); § 17041 |
| Murder | Life in prison, or a term of years of not less than 25Murder is the one crime the Maine Criminal Code leaves out of the Class A to E system. | 17-A M.R.S. §§ 4(1), 1603(1)6 |
Good to know
The code says that, except for murder, all crimes it defines are classified as Class A, B, C, D or E crimes for sentencing.3
Crimes defined outside the criminal code can name their own class. If they do not, the class depends on the maximum prison term: more than 10 years is Class A, more than 5 up to 10 is Class B, more than 3 up to 5 is Class C, more than 1 up to 3 is Class D, and one year or less is Class E.4
A crime can be sentenced one class higher if the State proves it was committed with a dangerous weapon, or if the person has two or more prior qualifying convictions for certain crimes.1
When theft is a felony in Maine
Maine does not call theft a felony. Theft of property worth more than $1,000 is a Class C crime (up to 5 years in prison), and more than $10,000 is Class B. From more than $500 to $1,000 it is a Class D crime, and basic theft is Class E.5
OUI in Maine
Maine calls it operating under the influence (OUI).
- Repeat offenses
- Maine does not use the word felony. A person with two or more earlier OUI offenses within 10 years faces a Class C crime (up to 5 years in prison). A first or second OUI is a Class D crime.
- Which past offenses count
- 10 years: a prior conviction counts if the date of the action or the date the sentence was imposed is 10 years or less from the date of the new conduct.
- Other felony versions
- OUI that causes serious bodily injury is a Class C crime (up to 5 years). OUI that causes death, or by a person with an earlier Class B or Class C OUI conviction or an earlier vehicular criminal homicide conviction (counted at any time), is a Class B crime (up to 10 years). Each carries at least 6 months of incarceration, and the penalties cannot be suspended.
29-A M.R.S. §§ 2411(1-A), (5), 24022 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Maine?
Maine's criminal code does not define felony or misdemeanor. It sorts crimes into Class A through E by maximum sentence. Class A, B and C crimes (maximums of 30, 10 and 5 years) can bring more than a year in prison. Class D crimes carry a maximum of less than one year and Class E crimes a maximum of 6 months.
What is a Class A crime in Maine?
In Maine, the penalty for a Class A crime is up to 30 years in prison; fine up to $50,000. If the State proves a firearm was used against a person, a minimum prison term applies that cannot be suspended: 4 years for Class A. A different maximum can apply if another statute sets one. The fine cap comes from § 1704: "Class A crime. In the case of a Class A crime, $50,000;".
What is a Class B crime in Maine?
In Maine, the penalty for a Class B crime is up to 10 years in prison; fine up to $20,000. If the State proves a firearm was used against a person, a minimum prison term applies that cannot be suspended: 2 years for Class B. The fine cap comes from § 1704: "Class B crime. In the case of a Class B crime, $20,000;".
What is a Class C crime in Maine?
In Maine, the penalty for a Class C crime is up to 5 years in prison; fine up to $5,000. If the State proves a firearm was used against a person, a minimum prison term applies that cannot be suspended: 1 year for Class C. The fine cap comes from § 1704: "Class C crime. In the case of a Class C crime, $5,000;".
What is a Class D crime in Maine?
In Maine, the penalty for a Class D crime is less than 1 year in jail or prison; fine up to $2,000. The fine cap comes from § 1704: "Class D crime. In the case of a Class D crime, $2,000; and".
What is a Class E crime in Maine?
In Maine, the penalty for a Class E crime is up to 6 months; fine up to $1,000. The fine cap comes from § 1704: "Class E crime. In the case of a Class E crime, $1,000.".
What is a Murder in Maine?
In Maine, the penalty for a Murder is life in prison, or a term of years of not less than 25. Murder is the one crime the Maine Criminal Code leaves out of the Class A to E system.
How much theft is a felony in Maine?
Maine does not call theft a felony. Theft of property worth more than $1,000 is a Class C crime (up to 5 years in prison), and more than $10,000 is Class B. From more than $500 to $1,000 it is a Class D crime, and basic theft is Class E.
Is an OUI a felony in Maine?
Maine does not use the word felony. A person with two or more earlier OUI offenses within 10 years faces a Class C crime (up to 5 years in prison). A first or second OUI is a Class D crime. OUI that causes serious bodily injury is a Class C crime (up to 5 years). OUI that causes death, or by a person with an earlier Class B or Class C OUI conviction or an earlier vehicular criminal homicide conviction (counted at any time), is a Class B crime (up to 10 years). Each carries at least 6 months of incarceration, and the penalties cannot be suspended.
These are the general ranges in Maine's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Maine" https://secondchanceindex.com/felony-classes/maine, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- 17-A M.R.S. § 1604(1)
- 29-A M.R.S. §§ 2411(1-A), (5), 2402
- 17-A M.R.S. § 4(1)
- 17-A M.R.S. § 4-A
- 17-A M.R.S. § 353(1)
- 17-A M.R.S. § 1603. Imprisonment for murderMaine Legislature, Revisor of Statutes
- 17-A M.R.S. § 1704. Maximum fine amounts authorized for convicted individualsMaine Legislature, Revisor of Statutes
- 29-A M.R.S. § 2402. Calculating prior convictionsMaine Legislature, Revisor of Statutes