Aggravated assault is a general assault statute, MCA § 45-5-202. It does not mention partners or family members. It enters a domestic case when the State believes the injury, or the threatened injury, was serious enough to go beyond partner or family member assault (PFMA). The penalty is state prison for up to 20 years. This page explains the elements and how the charge ties back to the PFMA statute. It is part of our Montana Domestic Violence Guide.
The Two Ways to Commit Aggravated Assault
Under MCA § 45-5-202(1), a person commits aggravated assault if the person purposely or knowingly:
- causes serious bodily injury to another, or
- with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.
The second version means a person can be charged without anyone being seriously hurt, if force or contact was used and the other person reasonably feared serious injury or death. Our page on reasonable apprehension explains that concept in the PFMA setting.
What Serious Bodily Injury Means
The line between PFMA and aggravated assault is the word "serious." Ordinary bodily injury is defined broadly: physical pain, illness, or an impairment of physical condition, including mental illness or impairment (MCA § 45-2-101). That is covered in what bodily injury means.
Serious bodily injury is narrower. Under MCA § 45-2-101 it is bodily injury that:
- creates a substantial risk of death,
- 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 that kind of protracted loss or impairment.
The definition also includes serious mental illness or impairment. Whether a particular injury fits is a question of evidence, and medical records are a large part of it. An injury that looked alarming at the scene may or may not meet the definition once it has been examined and treated.
PFMA and Aggravated Assault Side by Side
| Point | PFMA, first offense (§ 45-5-206) | Aggravated assault (§ 45-5-202) |
|---|---|---|
| Injury the State must prove | Bodily injury, or reasonable apprehension of bodily injury | Serious bodily injury, or reasonable apprehension of serious bodily injury or death caused with physical force or contact |
| Relationship element | Yes. The other person must be a partner or family member. | No. The statute applies to anyone. |
| Maximum on a first conviction | 1 year in county jail and a $1,000 fine | 20 years in state prison and a $50,000 fine |
| No contact order under § 45-5-209 | Yes | Yes, if the other person is a partner or family member |
| Counts as a prior for a later PFMA | Yes | Yes, if the offender was a partner or family member of the victim |
The Penalty
A person convicted of aggravated assault "shall be imprisoned in the state prison for a term not to exceed 20 years and may be fined not more than $50,000," subject to the exceptions in MCA §§ 46-18-219 and 46-18-222 (MCA § 45-5-202(2)).
Two other sentencing statutes matter. First, MCA § 46-18-205(2) provides that the first 2 years of a sentence of imprisonment imposed for aggravated assault may not be deferred or suspended, except as provided in § 46-18-222. Second, because a weapon is not an element of aggravated assault, MCA § 46-18-221 can add a consecutive prison term of 2 to 10 years if the person knowingly displayed, brandished, or otherwise used a firearm or other dangerous weapon during the offense and the State has followed the procedure that statute requires.
Unlike the strangulation and assault with a weapon statutes, § 45-5-202 does not itself contain the PFMA counseling assessment requirement. A sentencing court still has broad authority over conditions.
What Changes When the Other Person Is a Partner
Although the aggravated assault statute is general, other parts of the code treat it as a domestic violence offense when the alleged victim is a partner or family member:
- No contact order. A standing no contact order can be served at the time of charge or arrest, and a court can issue one at any later appearance (MCA § 45-5-209(1) and (7)). See violating a no contact order.
- PFMA priors. The conviction is counted when a later PFMA is sentenced (MCA § 45-5-206(3)(b)(iv)).
- Children present. If the State alleges the offense was committed in the presence of a child, it can add a charge of endangering the welfare of children (MCA § 45-5-622(4)).
- Order of protection. The alleged victim is eligible to petition for a civil order of protection (MCA § 40-15-102).
Questions a Defense Looks At
Every case turns on its own facts, but the statute points to the issues. Was the injury "serious" as the code defines it, or was it bodily injury that fits PFMA or misdemeanor assault? Did the person act purposely or knowingly as to that result? Was force used in self-defense? None of these has a general answer.
A&M Law defends assault and PFMA charges in Western Montana. Our assault defense and felony defense pages describe that work. While a case is pending, follow every court order exactly and let your lawyer handle any communication that involves the other person.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.