Aggravated assault is conduct that causes serious bodily injury or involves the use of a weapon in a way that puts someone at significant risk of harm. It’s a felony, and the sentencing range already carries the possibility of a long prison term. Prior convictions can complicate things: judges look at your full background, not just what happened in the current case. This review directly influences the sentence you may receive if you’re convicted.
What Counts as a Prior Conviction in Montana?
Montana courts can consider almost any prior conviction when deciding on a felony sentence unless a statute limits what they can review. Some of the most common records that influence aggravated assault sentencing include:
- Prior violent felonies, such as assault, robbery, or certain weapon offenses
- Prior non-violent felonies, such as drug or property crimes
- Out-of-state convictions, as long as the conduct would also qualify as a crime under Montana law
- Some tribal court convictions, depending on context and how the record is presented
Judges also look at the age of the prior conviction. A recent felony usually matters much more than an old misdemeanor, but the court still has the discretion to factor in older records.
How Prior Convictions Influence the Sentencing Range
Aggravated assault carries a sentence of up to 20 years in prison and fines up to $50,000. Judges have broad discretion within that range. A person with no prior record may receive a sentence on the lower end. Someone with several prior felony convictions may face far more substantial penalties. The number of past cases is only part of the review—the type of conviction and how serious it was matter just as much. For example, a judge might consider:
- Whether the prior convictions show escalating behavior
- Whether any prior sentences involved probation violations or revoked supervision
- Whether you completed any past treatment, counseling, or substance programs
- Whether the prior cases involved similar conduct to the current charge
Persistent Felony Offender Enhancements
Montana law allows prosecutors to seek a “persistent felony offender” (PFO) designation when someone has qualifying prior convictions. This enhancement significantly increases the potential sentence. It doesn’t apply automatically, however. Prosecutors must request it, and the judge must make specific findings before they can assign it.
A PFO designation often adds years of prison time. Judges look closely at:
- How many prior felony convictions you have
- Whether the prior offenses involved violence
- How recently those convictions occurred
- Whether the prosecutor has met the statutory requirements to seek PFO status
Even when the prosecutor files a PFO notice, the judge still has discretion. Your specific record and your circumstances affect the final decision.
Violent vs. Non-Violent Prior Convictions
Violent prior convictions have the most influence when it comes to a sentence for aggravated assault. Courts often view a prior violent offense as a sign of recurring behavior. This can lead to higher penalties or increase the possibility of a PFO designation.
Non-violent prior convictions also matter, but they typically carry less weight. They can suggest repeated contact with law enforcement or highlight issues like substance use or instability. Even if they don’t trigger a PFO enhancement, they can still push the sentence toward the upper end of the statutory range.
Get Help from a Missoula Aggravated Assault Defense Attorney
If you’re charged with aggravated assault and you have prior convictions, Stevenson Law Office can explain how each conviction may influence sentencing. We build strategic defenses that protect your rights and work toward the most favorable outcome possible. Contact Stevenson Law Office in Missoula, MT, to learn more about your options.