Assault

Under Montana law, a person commits the offense of assault if the person:

  • purposely or knowingly causes bodily injury to another; or
  • negligently causes bodily injury to another with a weapon; or
  • purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or
  • purposely or knowingly causes reasonable apprehension of bodily injury in another.

The jury instruction for assault can be found at MCJI 5-106.


Attorney for Assault Crimes

Greg Beebe is an experienced criminal defense attorney with offices in Helena, Montana in Lewis and Clark County. Call him to discuss your case. Greg Beebe represents clients charged with a wide range of assault charges in Montana.

Many of these charges involved an aggravating factor such as the use of a weapon, serious bodily injury, or force causing fear of great bodily harm or death. The penalties are enhanced if the assault was committed against a partner or family member, a minor child, or a judicial officer or peace officer.


Aggravated Assault Crimes in Montana

The crime of aggravated assault in Montana requires proof that a person purposely or knowingly causes serious bodily injury to another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another. The jury instruction for aggravated assault can be found in MCJI 5-107.

The elements of aggravated assault include: 

  1. That the Defendant caused serious bodily injury to the alleged victim; and
  2. That the Defendant acted purposely or knowingly; 

OR

  1. That the Defendant, with the use of physical force or contact, caused reasonable apprehension of serious bodily injury or death in the alleged victim; and
  2. That the Defendant acted purposely or knowingly.

The 2007 amendment to MCA § 45-5-202(1) inserted “or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.” The Amendment was effective October 1, 2007.

In State v. Hoffman, 314 Mont. 155, 64 P.3d 1013 (2003), the Montana Supreme Court concluded that criminal endangerment, negligent endangerment, and partner or family member assault were not lesser included offenses of aggravated assault.

To understand the crime of aggravated assault, it is important to understand the definition of the term “Serious Bodily Injury.” The term “serious bodily injury” means bodily injury that either:

  • creates a substantial risk of death; or
  • causes serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ; or
  • at the time of injury can reasonably be expected to result in serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ.

Under Montana law, the term “bodily injury” means physical pain, illness, or an impairment of physical condition and includes mental illness or impairment.


Assault with a Weapon in Montana

Under 45-5-213 MCA, the crime of assault with a weapon requires proof that a person purposely or knowingly causes either bodily injury to another with a weapon or reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appeared to be a weapon.

The elements of assault with a weapon include either:

  • That the Defendant acted purposely or knowingly to commit the assault; and
  • That the Defendant caused bodily injury to the alleged victim with a weapon; or
  • That the Defendant caused reasonable apprehension of serious bodily injury in the alleged victim by use of a weapon or what reasonably appeared to the alleged victim to be a weapon.

Assault on a Minor in Montana

Under MCA § 45-5-212(1), the crime of assault on a minor occurs when a person 18 years of age or older assaults a who is under 14 years of age. The jury instruction for assault on a minor can be found at MCJI 5-117.

The crime of assault on a minor requires proof of assault as defined by MCA § 45-5-201, plus proof that at the time of the offense, the victim was under 14 years of age; and that at the time of the offense the Defender was 18 years of age or older.


Finding an Attorney for Assault in Helena, Montana

If you are charged with either a misdemeanor or a felony offense of assault, then contact an experienced criminal defense attorney. Greg Beebe represents clients throughout Helena in Lewis and Clark County and the City of Boulder in Jefferson County. He represents clients in the surrounding areas.

Greg Beebe is experienced representing clients charged with a variety of assault crimes including assault on a partner or family member, or assault on a judicial or peace officer. He also represents clients charged with related offenses for negligent vehicular assault.

Call today for a free consultation to discuss any allegation that you committed a violent crime. Call 1 (406) 442-3625 today.


This article was last updated on Friday, September 16, 2016.

Location:

Beebe Law Firm - Criminal Defense & DUI
1085 Helena Ave. Helena, MT 59601