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Maine law does not classify murder and manslaughter into degrees. Instead, they are determined solely by the defendant’s state of mind. In order for a person to be convicted of murder, it must be proven that the person knowingly and intentionally caused the death of the victim beyond a reasonable doubt. The state must prove each of the following beyond a reasonable doubt: - The victim is deceased. - The defendant caused the victim’s death. - The defendant intentionally and knowingly caused that death. They state may be able to prove that the victim died and the defendant was the cause of the death, however they must also prove that the defendant knowingly and intentionally did it. In Maine, a person knowingly causes murder when he is “practically certain” his actions would cause death and intentionally when it is his “conscious object” to do so. If the last element cannot be proven, a verdict of not guilty of murder is required. A manslaughter conviction in Maine will still require proof that the victim died and the defendant was the cause beyond a reasonable doubt, however the defendant’s state of mind is not the same. Instead, the state must be able to prove that the defendant acted criminally recklessly. One is considered to be acting criminally recklessly if he “consciously disregards a risk” that could cause a death. He is criminally negligent if he “fails to be aware” that what he is doing could result in another person’s death, however that failure must be an excessive deviation from civil negligence. The only difference between manslaughter and murder is the accused’s state of mind while causing the death. To get a conviction of either charge, the state must prove beyond a reasonable doubt all elements of the charge. If you've been arrested for a criminal offense in Maine, the attorneys at Nichols & Churchill, P.A. can help give you the aggressive defense that you need. Contact us today to schedule a free consultation.