Partner or Family Member Assault

Under MCA § 45-5-206(1), a person commits the offense of partner or family member assault if the person:

  • purposely or knowingly causes bodily injury to a partner or family member; or
  • negligently causes bodily injury to a partner or family member with a weapon; or
  • purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member.

If you were charged with any type of violent crime including assault or aggravated assault on a family member, then contact an experienced criminal defense attorney at Beebe Law Firm. Greg Beebe is experienced in fighting criminal allegations in Helena in Lewis and Clark County and Boulder in Jefferson County. He also represents clients in the courtrooms in all of the surrounding counties.

Call 1 (406) 442-3625 for a free and confidential consultation today.


Elements of Partner or Family Member Assault in Montana

Under MCA § 45-5-206(1), to be convicted of partner or family member assault, the prosecution must prove the following elements at trial beyond all reasonable doubt including:

  1. That the Defendant caused bodily injury to the alleged victim, a partner or family member; and
  2. That the Defendant acted purposely or knowingly.

OR

  1. That the Defendant caused reasonable apprehension of bodily injury in the alleged victim, a partner or family member; and
  2. That the Defendant acted purposely or knowingly.

OR

  1. That the Defendant caused bodily injury to the alleged victim, a partner or family member with a weapon; and
  2. That the Defendant acted negligently.

The jury instructions for partner or family member assault in Montana can be found at MCJI 5-113(a). Also, the definition of “partner” or “family member” are defined in MCA § 45-5-206(2) and MCJI 5-113(b).


Definition of Partners or Family Member

The term "family member," is defined to mean mothers, fathers, children, brothers, sisters, and other past or present family members of a household These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the age of the parties and whether the parties reside in the same household.

The term "partners," is defined to mean spouses, former spouses, persons who have a child in common, or persons who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.

The jury instruction for partner or family member assault can be found at MCJI 5-113. Also, the definition of “partner” or “family member” as defined in MCA § 45-5-206(2) and in MCJI 5-112(b).


Finding Attorneys for Partners or Family Members Assault in Helena

If you are charged with either a felony or misdemeanor for the crime of assault, then contact a criminal defense lawyer in Helena, Montana, to discuss the case. 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 in or around Helena, Montana. Call 1 (406) 442-3625 today.


Location:

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