Criminal Defense

Assault & Violent Crime Defense

An assault charge can hinge on a split second, and the difference between a misdemeanor and a felony is enormous. Your defense matters.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: June 19, 2026

Assault charges often arise from chaotic, fast-moving situations: a bar confrontation, a fight that someone else started, a moment of self-defense that the police saw only after the fact. The problem is that the charge you face can range from a misdemeanor to a felony carrying years in prison, and the line between them is thin. Over more than 50 trials as lead counsel, I've seen how often these cases are over-charged, and how much a strong defense can change.

How Montana Classifies Assault

Assault (§ 45-5-201), a misdemeanor; purposely or knowingly causing bodily injury, or causing reasonable apprehension of bodily injury.
Aggravated assault (§ 45-5-202), a felony; purposely or knowingly causing serious bodily injury.
Assault with a weapon (§ 45-5-210), a felony; causing bodily injury or apprehension with a weapon.
PFMA (§ 45-5-206), assault against a partner or family member, charged separately.

Whether your case is a misdemeanor or a felony usually comes down to the severity of any injury and whether a weapon was involved, which is exactly why the details of what happened are worth fighting over.

Self-Defense in Montana

Montana law gives you the right to defend yourself and others. When you reasonably believe force is necessary to prevent harm, that use of force can be justified, and self-defense, if it applies, is a complete defense to an assault charge. We build these defenses with evidence: witness accounts, surveillance or phone video, the nature and location of injuries, and the full context the police report often leaves out.

How A&M Law Defends Assault Cases

We reconstruct the incident from the ground up: who escalated, what was reasonably feared, and whether the State can actually prove intent and injury beyond a reasonable doubt. From there we pursue the right outcome: a self-defense acquittal, a reduction from felony to misdemeanor, or a dismissal where the evidence doesn't hold. Every case is prepared for trial, which is what gives us leverage at every earlier stage.

Criminal Defense PFMA Defense Domestic Violence Defense Weapons Charges

FAQ

Frequently Asked Questions

What's the difference between misdemeanor and felony assault in Montana?

Misdemeanor assault (MCA § 45-5-201) generally involves causing bodily injury, or threatening or attempting to cause it, without aggravating factors. It becomes a felony when there's serious bodily injury (aggravated assault, § 45-5-202) or a weapon is involved (assault with a weapon, § 45-5-210). The presence of serious injury or a weapon is usually what separates a misdemeanor from years of prison exposure.

Is self-defense legal in Montana?

Yes. Montana law recognizes the use of force in defense of yourself or others when you reasonably believe it's necessary to prevent harm. Self-defense is a complete defense; if it applies, you're not guilty. Montana also does not generally impose a duty to retreat before defending yourself in a place you're lawfully present.

What if the other person started it?

That can be central to your defense. If you were responding to a threat or attack, the facts around who was the aggressor, what was said, and what you reasonably feared all matter. We investigate witnesses, video, and injuries to establish what actually happened.

What if the assault involved my partner or family member?

Then it's typically charged as Partner or Family Member Assault (PFMA) under § 45-5-206, which has its own penalties and a no-contact order. See our PFMA Defense page.

Can an assault charge be reduced or dismissed?

Yes, depending on the facts. We may show self-defense, a lack of intent, exaggerated or inconsistent allegations, or constitutional problems with the investigation. Many assault cases are over-charged at the outset and can be reduced or dismissed with the right defense.

Charged With Assault? Let's Talk.

The facts matter, and so does early action. Call 406-830-3060 for a free, confidential consultation.

Call 406-830-3060 Send a Message