Powerful Advocacy,  Investigation, Negotiation, and Litigation

4 defenses to assault charges in Montana

On Behalf of | May 29, 2023 | Criminal Law |

Assault cases are common in Montana. These charges can have severe consequences and significantly affect your life in numerous negative ways. 

Fortunately, there are some defense strategies that can increase the possibility of a favorable defense. Here are some of the possibilities:

1. Self-defense

Self-defense may be an excellent way to clear yourself of the assault charges you are facing. To establish this defense, you must show that a threat of force or harm against you triggered your actions. You must also show that there was reasonable fear you were in danger and self-defense was the only way to escape the situation.

2. Defense of property

Montana does allow you to “stand your ground” when you’re trying to defend your home from an intruder. If you were simply defending your home from an unlawful trespasser, that may be enough justification for your actions.

3. Defending others

This form of defense is almost similar to self-defense, only that you may have used force this time to defend someone else. To establish this defense, you must show you acted in defense of another individual to prevent imminent harm or danger.

4. Consent defense

Sometimes the assault victim willingly took part in the activity. While unusual, it wouldn’t be unheard of for someone in an inebriated state, for example, to willingly participate in something that just gets out of control. 

Assault convictions in Montana can have a negative impact on your life. You can face jail time, hefty penalties or both. That makes it especially important to seek out more information on your possible defenses.