Maine law provides certain statutory defenses to a person accused of a crime. These defenses can be found under Title 17-A M.R.S. Chapter 5.
Self-Defense & Defense of Others
Maine law allows a person to use force to protect him or herself. “A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a degree of such force that the person reasonably believes to be necessary for such purpose.” Deadly Force is justified under Maine law when a person “reasonably believes it necessary and reasonably believes such other person is: (1) About to use unlawful, deadly force against the person or a 3rd person; or (2) Committing or about to commit a kidnapping, robbery or [or a sexual assault] … against the person or a 3rd person.” Title 17-A M.R.S. 108.
Use of Force in Protecting Property
Similar to self-defense, a “person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person's property, or criminal mischief, or to retake the person's property immediately following its taking.” Title 17-A MRS 105. A person within their own home “is justified in using deadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent an attempt by the other person to commit arson … [or] when the person reasonably believes that deadly force is necessary to prevent or terminate the commission of a criminal trespass by such other person, who the person reasonably believes: (1) Has entered or is attempting to enter the dwelling place or has surreptitiously remained within the dwelling place without a license or privilege to do so; and (2) Is committing or is likely to commit some other crime within the dwelling place.” Title 17-A M.R.S. 104.
Competing Harms Defense
Under certain circumstances a person may act in a way that would be otherwise a crime if “the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness….” Title 17-A M.R.S. 103.
Duress
“It is a defense that, when a person engages in conduct that would otherwise constitute a crime, the person is compelled to do so by threat of imminent death or serious bodily injury to that person or another person or because that person was compelled to do so by force.” Title 17-A M.R.S. 103-A.
Maine Law distinguishes from justification defenses and affirmative defenses. Justification defenses, such as self-defense, once generated by the defense requires the State to disprove beyond a reasonable doubt, while affirmative defenses place the burden on the defense to prove more likely than not.