Assault With A Weapon

Being charged with assault with a weapon is serious business. Violent crime charges in Montana carry severe consequences, potentially including pretrial detention, aggressive prosecution, and the very real possibility of a conviction that can upend your life. Prosecutors in these cases stop at nothing to secure a conviction, and without experienced legal defense, the odds are stacked against you. At Stevenson Law Office, we fight aggressively for clients facing assault with a weapon charges, and we’re ready to protect your rights at every step of your case. Don’t wait another moment to get the help you need at this critical juncture. Contact us today for an initial case evaluation with a skilled weapons crimes attorney in Montana, and start defending your freedom and your future.

Understanding Assault with a Weapon Charges

Montana defines the crime of assault with a weapon as purposely or knowingly:

Injuring another person with a weapon
Causing another person to reasonably fear severe injury from the use of a weapon, or what they perceive as a weapon

A suspect can face prosecution for assault with a weapon if they engage in conduct like injuring another individual with a firearm or bladed weapon, or if they brandish a weapon in front of another individual to threaten them with severe injury.

Consequences of a Conviction for Assault with a Weapon

As a serious felony, a conviction for an offense of assault with a weapon in Montana can lead to various criminal penalties and other long-term consequences. First, a court may sentence a defendant convicted of assault with a weapon to a prison term of up to 20 years, a fine of up to $50,000, or both imprisonment and a fine. A criminal sentence for assault with a weapon may also include orders for the defendant to pay costs of prosecution, costs of appointed defense counsel, and restitution. A restitution order will require a defendant to reimburse their victim(s) for any financial losses they suffered because of the defendant’s crime, such as medical bills to treat injuries inflicted by the defendant.

As an alternative to incarceration, a court may suspend a defendant’s prison term and sentence them to a period of probation. The court may impose various conditions during the term of deferred imposition or suspension of a prison sentence, such as:

Payment of the costs of confinement
Payment of fines and costs imposed by the court
Community service
House arrest
Participation in a day reporting program
Participation in alcohol and drug monitoring programs, if the abuse of alcohol or drugs contributed to the defendant committing the offense
Other reasonable conditions deemed necessary by the court to protect the victim or society

Convictions for assault with a weapon can have other consequences beyond a criminal sentence—consequences that can last long after a defendant completes their term of incarceration and pays their debt to society. Some of the potential long-term consequences of a conviction include:

Potential adverse immigration decisions for non-citizens
Loss of firearm rights
Potential disqualification from various licenses or public employment
Having a criminal record with a violent offense, the stigma of which can make it harder to pursue employment, housing, or educational opportunities

However, it’s important to remember that a charge does not guarantee conviction. Retaining an experienced defense lawyer can help you build and pursue a defense strategy aimed at mitigating the potential consequences and fallout from an arrest. The sooner you act, the more your Montana assault defense attorney can do on your behalf.

Defenses to Assault with a Weapon Charges in Montana

Depending on the facts and evidence in your case, you may have various legal strategies you could pursue to fight the prosecution’s allegations. Potential defenses to a charge of assault with a weapon include:

Lack of intent: In this defense, you assert that you did not act purposely or knowingly, as required for a conviction
No weapon: You may claim that you did not possess a weapon or any other item, or that an ordinary person would not have perceived the non-weapon item you did possess as a weapon.
No reasonable fear of injury: You could also argue that your conduct did not put the alleged victim in reasonable fear of severe injury.
Mistaken identity: Defense strategies may seek to challenge victims’ or eyewitnesses’ identification of you as the perpetrator of the offense.
Alibi: In this defense, you present evidence to show you were somewhere other than the scene of the crime when the assault occurred.
Illegal searches or interrogations: You can also seek to exclude evidence or statements you made from the prosecution’s case if the police obtained that evidence or those statements through an unlawful search or a violation of your rights during an interrogation.

A Montana defense lawyer from Stevenson Law Office can review your charges and the surrounding circumstances to identify possible defenses you might have to challenge the prosecution’s case and seek a dismissal or acquittal.

How Can an Attorney Help You Face Prosecution?

You don’t have to face the criminal justice system alone when you’ve been charged with assault with a weapon. A criminal defense lawyer with Stevenson Law Office can help you seek a positive outcome to charges of assault with a weapon by:

Thoroughly investigating your case to uncover evidence that can help build a robust legal defense
Identifying case strategies based on the facts and circumstances
Discussing the elements of your charges and the potential outcomes of your case with you so that you can make informed decisions in your best interests at each stage of the prosecution
Defending your rights by contesting the admission of evidence or statements that police investigators may have obtained by violating your rights
Vigorously pursuing the best possible resolution to your charges, even if you choose to contest the prosecution’s allegations or assert your innocence at trial

Why Choose Stevenson Law Office?

An arrest for assault with a weapon puts your whole life at risk, and you deserve a seasoned lawyer who can stand up in defense of your freedom and future. Turn to a criminal defense lawyer from Stevenson Law Office to help you face charges for assault with a weapon because:

Our firm has been winning the toughest cases since 2002. Montana native Mat Stevenson has appeared before more than 30 judges in his nearly quarter-century before the bar, and he is ready to leverage his considerable experience, investigative abilities, and network of resources on your behalf.
We are dedicated to fighting for clients’ constitutional rights. Because we know how prosecutors and courts operate, we can develop tailored solutions that include challenges to procedural errors, violations of your legal protections, and weak evidence in the prosecution’s case.
Our local experience and litigation skills enable us to pursue a robust defense of your interests. From the negotiating table to the courtroom, we’ll work hard to protect your rights and seek the best outcome given the case against you.

Contact Stevenson Law Office for Help Today

If Montana prosecutors have brought an assault with a weapon charge against you, you need a knowledgeable lawyer to help you navigate the criminal justice system effectively. Contact Stevenson Law Office for a free, confidential consultation with a weapons crime defense lawyer in Montana, and let us get to work on your behalf right away.

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