Montana's Assault Laws and Penalties

A person who commits assault in Montana can face serious jail or prison time. Learn how Montana law defines and punishes the different types of assault.

Types of Assault Charges in Montana

Montana has several assault crimes, including assault, assault with a weapon, aggravated assault, and assault on certain victims. State law distinguishes these different assault crimes primarily by the level or risk of harm and whether a weapon was involved.

Below are some definitions to aid in distinguishing Montana's different types of assault charges.

Bodily injury refers to physical pain, illness, or an impairment of physical condition and includes mental illness or impairment. Examples can include bruises, cuts, scratches, sprains, and swelling, as well as mental anguish.

Serious bodily injuries include those that create a substantial risk of death, cause a serious and permanent disfigurement, cause protracted loss of a body function, or cause serious mental illness. Broken bones, deep lacerations, gunshot wounds, and damage to internal organs are examples of serious bodily injuries. Injuries that are reasonably expected to result in such harm suffice as well.

Weapons can include firearms, knives, metal knuckles, and other objects that are readily capable of being used to cause serious bodily injuries or death. The primary purpose of the object doesn't need to be as a weapon. Steel-toed boots, a baseball bat, and a crowbar are other examples of weapons readily capable of causing serious harm.

(Mont. Code § 45-2-101 (2024).)

What Is Misdemeanor Assault in Montana?

A person commits assault in Montana by:

• purposely or knowingly causing bodily injury to another
• negligently causing bodily injury to another with a weapon
• purposely or knowingly causing another to fear bodily injury, or
• purposely or knowingly causing offensive physical contact with another.

It's also an assault to knowingly drug someone with Rohypnol, GHB, or flunitrazolam without their consent. These are common date rape drugs.

Assault Examples

Examples of assault include intentionally hitting, punching, or shoving someone. The crime occurs whether or not the victim suffers any visible, physical harm. Offensive physical contact suffices for assault, as does placing another in fear of harm. For example, angrily poking at someone can be assault. Raising or pounding one's fist would also count if the victim reasonably feared being harmed.

Penalties for Misdemeanor Assault

Assault carries misdemeanor penalties of up to 6 months in jail and a $500 fine. The law increases this penalty if the defendant targets certain victims, including sports officials, family members, judges, police officers, or children. (More about assaults on protected victims below.)

(Mont. Code § 45-5-201 (2024).)

What Is Assault With a Weapon in Montana?

Assault with a weapon carries serious felony penalties of up to 20 years of prison time and a $50,000 fine. A person commits assault with a deadly weapon by purposely or knowingly:

• causing bodily injuries to another with a weapon, or
• causing another to fear serious bodily injuries by the use of a weapon or what appears to be a weapon.

Examples of assault with a weapon can include pointing a gun or knife at someone or hitting someone with a baseball bat.

(Mont. Code § 45-5-213 (2024).) 

What Is Aggravated Assault in Montana?

Aggravated assault charges apply when a person purposely or knowingly:

• causes someone serious bodily injuries, or
• uses force or contact that causes fear of serious bodily injuries or death.

Examples of aggravated assault could include breaking someone's jaw or arm or kicking someone in the head. Another example would be grabbing someone and dragging them into a dark alley—this use of force against someone would reasonably cause another fear of serious harm or death.

A conviction for aggravated assault also carries up to 20 years of prison time and a $50,000 fine.

(Mont. Code § 45-5-202 (2024).)

Assault on Protected Victims in Montana

Montana law provides heightened protections for assaults on certain victims. Below are brief descriptions of the penalties by type of victim.

Sports official. A misdemeanor assault on a sports official doubles the maximum fine that may be imposed.

Family members. Assaulting a partner or family member carries misdemeanor or felony penalties depending on the defendant's history of committing similar crimes. Check out Montana Domestic Violence Laws to learn more.

Police or judge. Assaulting a police officer or judicial officer is a felony offense. When the assault involves bodily injuries or fear of harm, a defendant faces up to 10 years in prison. Causing serious bodily injuries results in a minimum of 5 years and a maximum of 20 years in prison.

Minors younger than 14. An adult who assaults a child younger than 14 also faces felony penalties, with maximum sentences that range from 5 to 40 years of prison time. The harshest penalties apply when the victim is younger than 3 years old.

Hate crimes. A defendant who assaults someone based on their race, creed, religion, color, national origin, or involvement in civil or human rights faces a sentencing enhancement for a hate crime. This sentencing enhancement results in an additional prison sentence of 2 to 10 years.

(Montana Code §§ 45-5-206, 45-5-210, 45-5-211, 45-5-212, 45-5-222 (2024).)

Defenses to Assault Charges in Montana

A person facing assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. A defendant can only use as much force as is reasonably necessary to prevent the threatened injuries. (Mont. Code § 45-3-102 (2024).)

Wrong person. If the assault happened in a dark alley or bar filled with people, a defendant might argue the cops or victim got the wrong perpetrator. A defendant with a solid alibi might present evidence of being somewhere else when the assault happened.

Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required injuries, the defendant's intent, or the use of a weapon. In this case, the defense might be able to get the charges dismissed or reduced.

Talk to a Lawyer

If you face assault charges in Montana, contact a criminal defense attorney. An attorney will help you understand what's at stake, guide you through the criminal process, and protect your rights.