Felony Charges and Criminal Endangerment
A felony charge puts everything on the line. Montana prosecutors will come after you with the full weight of the government behind them, and they are not interested in giving you the benefit of the doubt. You need a seasoned, aggressive defense attorney who will stand between you and a conviction, challenge the prosecution at every turn, and fight relentlessly to protect your rights. In other words, you need Stevenson Law Office.
We are ready to step in immediately and advocate tirelessly on your behalf. Contact us today for a free case evaluation with an experienced felony defense lawyer in Montana and get a clear strategy for seeking the best possible outcome in your case.
Common Felony Charges and Penalties in Montana
Montana grades criminal charges as either misdemeanors or felonies, with felonies accounting for the more serious offenses. Offenses that are either always or can be charged as felonies include:
- Assault with A Weapon
- Aggravated Assault
- Felony DUI/DUI 4th or Subsequent
- Criminal Endangerment
- Criminal Child Endangerment
- Strangulation of a Partner/Family Member
- Intimidation
- Criminal Distribution of Dangerous Drugs
- Possession with Intent to Distribute
- Criminal Production or Manufacturing of Danger Drugs
- Tampering with Witness/Informant
- Tampering with Physical Evidence
- Assault on a Peace or Judicial Officer
- Burglary
- Robbery
- Kidnapping
- Negligent Vehicular Assault
- Obstructing Justice
- Theft (In Excess of $1500)
Because the state takes these offenses very seriously, a conviction for a felony offense can impose severe penalties, like:
- Incarceration in prison
- Fines
- Court costs, including costs of jury service, costs of prosecution, and costs of pretrial supervision
- Restitution, which obligates a defendant to reimburse their victim(s) for financial losses caused by the defendant’s felony offense
A court may suspend a sentence of incarceration unless the sentencing judge determines that a defendant requires a longer term of supervision to protect the victim or society, or if the court imposes a restitution order valued at more than $50,000. A defendant who receives a suspended sentence must follow various conditions or restrictions imposed by the court, which may include:
- Incarceration in a detention center for up to 180 days
- Payment of costs of confinement
- Payment of fines
- Payment of court costs
- Payment of the expenses of appointed counsel
- Placement in a community corrections center or facility
- Placement in an alcohol/drug treatment program, a prerelease center, or a prerelease center for up to one year
- Community service
- House arrest
- Limited release during employment hours
- Participation in a day reporting program
- Participation in an alcohol and drug monitoring program
A conviction will also leave an offender with a criminal record that may appear in background checks long after they’ve otherwise paid their debt to society. This criminal record can make it difficult to pursue employment, housing, or other opportunities.
Criminal Endangerment in Montana
Under Montana criminal law, criminal endangerment is engaging in conduct that creates a substantial risk of severe injury or death for another person. However, the law specifically states that acting while under the influence of a high blood alcohol concentration, on its own, cannot support a charge of criminal endangerment.
A suspect can also be prosecuted for the offense of criminal child endangerment if they purposely, knowingly, or negligently cause a substantial risk of death or severe injury to a child under 14 by:
- Failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition
- Placing a child in the physical custody of another individual whom the person knows has previously purposely or knowingly injured a child (unless placing the child in the individual’s custody by court order)
- Placing a child in the physical custody of another individual whom the person knows has previously committed an offense of sexual assault or sexual intercourse without consent against a child (unless placing the child in the individual’s custody by court order)
- Manufacturing or distributing drugs in the presence of a child
- Operating a motor vehicle under the influence of alcohol or drugs, or committing aggravated driving under the influence with a child in the vehicle
- Failing to attempt to provide proper nutrition for a child, resulting in a diagnosis of nonorganic failure to thrive
Potential Defenses in Felony Cases and Criminal Endangerment
You may have various defense strategies available to you, depending on the facts and circumstances of the charges against you. Some of the most common defenses used to fight felony prosecutions include:
- Lack of intent: Many felony offenses require a defendant to have acted with a specific degree of intent (e.g., willfully, knowingly, or recklessly), so a defendant may claim that they did not act with the required intent to have committed the crime.
- Lack of possession: When cases involve illegal possession of contraband like weapons or drugs, defendants may argue that the prosecution cannot prove they had actual or constructive possession of the items.
- Mistaken identity/alibi: A defendant may claim that someone else committed the felony, challenging victims’ or witnesses’ identifications of the defendant or presenting alibi evidence to show they were elsewhere when the crime occurred.
- Self-defense: A defendant facing charges for a violent felony may claim that they acted in self-defense or defense of others due to the alleged victim posing an imminent threat of severe injury or death.
- Consent: In sex offense or theft cases, a defendant may assert that the alleged victim validly consented to or authorized the defendant’s conduct.
- Unreliable forensic evidence: Defendants might contest the scientific reliability of forensic evidence in a felony case, such as DNA, fingerprints, or ballistics.
- Unlawfully obtained evidence or statements: Defendants may challenge the admissibility of evidence in the prosecution’s case by arguing that police obtained that evidence through an illegal search or an interrogation of the defendant that violated their rights.
How Can a Montana Felony Defense Attorney Help You?
The stakes of a felony charge are high. Depending on the offense, you could be looking at years behind bars and tens of thousands of dollars in fines. You need an equally serious defense to level the playing field and fight back effectively. Stevenson Law Office can help you by:
- Independently investigating your charges to uncover key evidence
- Evaluating the facts and circumstances of your case to identify possible defenses
- Protecting your rights during the case by filing motions to suppress unlawfully obtained evidence
- Pursuing every avenue to secure the best possible outcome for your charges, whether that means negotiating for a plea bargain or asserting your innocence in court
Founding attorney Mat Stevenson has been standing up on behalf of clients across Montana for almost a quarter-century. He has appeared before more than 30 judges in Montana State District and Federal Courts, a number that increases to 60 when factoring in Tribal, Justice, Municipal, and City courts. He is as deeply committed to protecting your constitutional rights as he is to seeking the best outcome for your case. Let us draw upon our extensive network of resources to help you assert your rights and seek the fair outcome you deserve.
Contact Our Firm Today
If you’ve been charged with a felony offense such as criminal endangerment, you deserve experienced counsel who will stand up for your interests and demand fair treatment under the law. Contact Stevenson Law Office today for a free, confidential consultation with a Montana criminal defense lawyer, and get the powerful advocacy, negotiation, and litigation you need at this critical moment.
