View Full Version : Class D assault
Rhonda57
Nov 17, 2013, 03:43 AM
Misdemeanor or felony? I scrstced my ex on his ear in 2002 and he had me arrested for that. I live in Maine and work as a can. On the can registry my offense was listrd as a class D assault. The lady I spoke to on the phone told me it eas a misdemeanor assault( it has since been dropped from the registry). I read on here somewhere that a class D assault is a felony but that is not what the registry told me. Now I am .in.Florida applying for the can reciprecity. I have been fingerprinted. Will this charge show up on my level 2 background check
AK lawyer
Nov 17, 2013, 06:23 AM
... I read on here somewhere that a class D assault is a felony but that is not what the registry told me. ....
Go by what the registry told you. Laws vary from state to state. What you were reading here was probably for a state other than Maine.
What is a CAN?
"17-A ME Rev Stat § 207 (http://law.justia.com/codes/maine/2012/title17a/chapter9/section207/)(2012 through 125th Legis)
1. 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;
..."
"Chapter 51: SENTENCES OF IMPRISONMENT
17-A §1252. Imprisonment for crimes other than murder
1. In the case of a person convicted of a crime other than murder, the court may sentence to imprisonment for a definite term as provided for in this section, unless ...
...
A. For a Class D or Class E crime the court must specify a county jail as the place of imprisonment.
B. For a Class A, Class B or Class C crime the court must:
(1) Specify a county jail as the place of imprisonment if the term of imprisonment is 9 months or less; or
(2) Commit the person to the Department of Corrections if the term of imprisonment is more than 9 months.
..."
Maine apparenty for some reason chooses not to use the terms "felony" and "misdemeanor", but rather simply "Class (something) Crime". In general, a felony is a crime for which the sentence can possibly equal or exceed a year in prison. The above sentencing statute makes it clear that a Class D crime won't exceed 9 months (only Class A, B, or C crimes get sentences that long.); thus a Class D crime is not a felony.
Rhonda57
Nov 17, 2013, 12:04 PM
Thanks I meant to say CNA
AK lawyer
Nov 17, 2013, 01:55 PM
Thanks I meant to say CNA
Well, that narrows it down somewhat.
Certified National Accountant (https://en.wikipedia.org/wiki/Certified_National_Accountant)?
Certified Nursing Assistant (https://en.wikipedia.org/wiki/Certified_Nursing_Assistant)?
Rhonda57
Nov 17, 2013, 02:31 PM
Certified nurse assistant. I am on the can registry in Maine with excellent references. My misdemeanor assault happened eleven years ago. I am waiting for the board in Florida to clear my background check..
Rhonda57
Nov 17, 2013, 02:33 PM
Certified nurse assistant. I am on the can registry in Maine with excellent references. My misdemeanor assault happened eleven years ago. I am waiting for the board in Florida to clear my background check..
Just very amxious.
J_9
Nov 17, 2013, 04:26 PM
It will most likely show up.
Rhonda57
Nov 17, 2013, 05:36 PM
Yes I know that it probably will. I am just thankful that it is only a misdemeanor. It didn't affect me in Maine so hopefully it won't here. I have researched and any felony would fail me.