Assault involves actions that cause physical harm or threaten a person with physical harm. Intention is a critical factor in assault cases. However, in Montana, a person can also face assault charges if they unintentionally hurt someone with a weapon due to negligence.
What do you mean by “negligence”?
Negligence means not being as careful as a reasonable person would be in a similar situation, leading to unintended harm. This can include mishandling weapons in ways that cause injury, like accidentally firing a gun while cleaning it, leaving a weapon where people can easily access it or using a weapon recklessly.
What factors do courts look at?
When determining whether an incident qualifies as misdemeanor assault in Montana, courts consider several key factors:
- Negligent use of the weapon: The court examines whether the defendant’s handling of the weapon was negligent and directly resulted in the injury. However, if it was an accidental discharge – meaning that the defendant followed all proper maintenance and safety measures – then there is a possibility that the court can rule out negligence.
- Type of contact: Assault involves insulting or provocative contact, such as shoving or grabbing someone. However, this might not be true if the victim consented to the contact. This is common in sports or consensual physical activities like martial arts.
- Threatening conduct: Assault involves actions that cause another person to fear imminent bodily harm. But if the defendant’s actions were a response to a threat of force or harm against them, then it falls under self-defense.
However, it’s crucial to note that every situation is different. An experienced criminal defense attorney can offer deeper insight into these factors and how a person can build a strong case.
What should you do if you face charges?
Mistakes happen, but they shouldn’t leave a permanent mark on your record and future. If you or a loved one is facing charges of negligent assault with a weapon, seek legal advice promptly.
