Detailed Answer
Under Maine law, assault can be a criminal charge and a civil claim. To succeed in either context you must prove the basic elements of the cause of action you have chosen. Criminal assault is governed by Maine’s criminal code; see Title 17‑A of the Maine Revised Statutes for the statutory definitions and degrees of assault: https://www.mainelegislature.org/legis/statutes/17-A/title17-Asec207.html. Civil assault (a type of personal‑injury claim) is governed by common law principles and Maine’s rules for civil procedure and evidence; note also the state statute of limitations for personal‑injury claims (see 14 M.R.S. §752: https://www.mainelegislature.org/legis/statutes/14/title14sec752.html).
Different items of evidence help prove different elements. Below are the most useful categories of evidence and how they map to what you must prove.
1) Witness testimony
Eyewitness statements (neutral bystanders and the alleged victim) are often central. Witnesses can testify about what they saw or heard, the timing, the aggressor’s actions, and whether the threatened or actual contact was imminent. Consistent, detailed accounts strengthen credibility. If possible, get names and contact details of all witnesses early.
2) Victim statements and consistency
The victim’s contemporaneous statements (what they told police, friends, medical personnel, or in 911 calls) are strong evidence of the event and the victim’s perception. Courts evaluate whether the victim’s descriptions remained consistent over time.
3) Medical records and photos of injuries
Medical documentation supports claims of bodily injury and the timing and severity of harm. Photographs of injuries, bruises, cuts, or swelling taken soon after the incident are persuasive. Include clinical notes, X‑rays, emergency room records, and follow‑up treatment records to show causation and severity.
4) Photographs and video (including surveillance)
Video footage (surveillance cameras, doorbell cameras, phone video) can show the incident, the positions of people involved, and the sequence of events. Time‑stamped recordings are particularly strong. Photos of the scene, broken objects, or clothing with blood can also support the narrative.
5) 911/audio recordings and police reports
911 calls and recordings capture immediate statements and the caller’s tone and distress, which may bolster claims of imminence and fear. Police reports provide an official record of what officers found and often list witness statements and injuries. Note: police reports are admissible as evidence in certain ways but may contain hearsay about third‑party statements.
6) Physical and forensic evidence
Physical items (weapons, damaged property, clothing containing biological material) can provide direct proof. Forensic testing (blood, DNA, fingerprints) helps connect people to the scene or to an object used in the assault.
7) Digital evidence and communications
Text messages, emails, social media posts, or voice messages can show threats, admissions, or hostile intent before or after an incident. Preserve these communications by saving screenshots, exports, or native files and noting timestamps.
8) Expert testimony
Medical experts can explain the nature and likely cause of injuries. Forensic or reconstruction experts can interpret video, blood spatter, or DNA results. Use experts when technical issues (cause of injury, timing, capability) are disputed.
9) Evidence of intent, knowledge, or recklessness
Criminal convictions and civil liability often hinge on the actor’s mental state. Evidence of prior threats, text messages indicating intent, a pattern of aggressive behavior, or statements made immediately before the incident can help prove intent or recklessness. Note: evidence of prior bad acts is sensitive and may be subject to limits in court; an attorney can explain admissibility rules.
10) Timeline and corroboration
Build a clear timeline that ties together phone records, timestamps on photos/videos, witness accounts, and medical treatment. Corroboration from independent sources (surveillance, multiple witnesses, medical records) improves credibility.
Putting the pieces together
For a criminal conviction, the state must prove every element of the charged offense beyond a reasonable doubt. For a civil assault or battery claim, the plaintiff must prove the elements by a preponderance of the evidence (more likely than not). Evidence that proves the act, the actor, the timing, the victim’s fear or injury, and causal connection is critical. Preservation matters: collect and protect evidence quickly before it is lost, overwritten, or altered.
Helpful Hints
- Preserve evidence immediately: save videos, screenshots, phone records, and physical items in secure places.
- Write down your own contemporaneous account while details are fresh: time, place, people present, exact words used, and actions taken.
- Seek prompt medical attention even for minor injuries—medical records create an objective record.
- Get witness contact information at the scene. Ask bystanders for permission to use their statements later.
- Report the incident to police if you believe a crime occurred. Ask for the case number and obtain a copy of the report.
- Preserve digital evidence: export texts and social posts rather than relying on screenshots alone; note timestamps and metadata where possible.
- Do not alter or wash clothing or clean the scene if physical or biological evidence may be present; instead, store items in paper bags and ask police how to preserve them.
- Keep a log of expenses, lost wages, and medical costs if you plan a civil claim—these support damages.
- Be cautious when sharing details publicly on social media—statements there can be used against you in court.
- Talk to an attorney early if the evidence is complex, if there are conflicting stories, or if you face criminal charges—an attorney can help preserve evidence and advise on admissibility.
Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. Laws change, and the best next step is to consult a licensed Maine attorney who can apply the law to your specific situation.