Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault and Related Offenses
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26 45-5-201 54 45-5-202 18 45-5-203 3 45-5-204 9 45-5-205 84 45-5-206 75 45-5-207 11 45-5-208 33 45-5-210 45-5-211 38 45-5-220 1 45-5-221 45-5-222 5 45-5-223

Mont. Code Ann. § 45-5-202

(1997)

Aggravated assault -- felony assault

(1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another.

(2) A person commits the offense of felony assault if the person purposely or knowingly causes:

(a) bodily injury to another with a weapon; or

(b) reasonable apprehension of serious bodily injury in another by use of a weapon.

(3) (a) A person convicted of aggravated assault shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222. Subject to the provisions of subsection (3)(b), a person convicted of felony assault shall be imprisoned in the state prison for a term not to exceed 10 years or be fined not more than $50,000, or both.

(b) In addition to any sentence imposed under subsection (3)(a), if the person convicted of felony assault is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).

Opinions construing this section

54 opinions
2025 MT 238 Oct 21, 2025 Affirmed
State v. J. Burrington
Majority by Cory J. Swanson · 5 to 0
ther or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another. 10 Section 45-5-202(1), MCA. Absent a serious bodily injury, Burrington would only be guilty of Assault, a lesser included offense, which does not require a serious bodily injury. A serio
2025 MT 92 May 6, 2025 Affirmed
State v. J. Parker
Majority by Katherine M Bidegaray · 5 to 0
ion process and repeatedly licked his lips, preventing officers from swabbing the suspected blood. ¶6 Parker was charged with felony aggravated assault under § 45-5-202, MCA, and two counts of felony tampering with or fabricating physical evidence under § 45-7-207(1)(a), MCA. The tampering charges were based on allegations that P
2025 MT 31 Feb 11, 2025 Affirmed
State v. B. Avidiya
Majority by James Jeremiah Shea · 5 to 0
e or she “purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.” Section 45-5-202(1), MCA. A person commits Assault if he or she “purposely or knowingly makes physical contact of an insulting or provoking nature with any individual.” Section 45-
2024 MT 232N Oct 15, 2024 Affirmed
State v. L. Caye
Majority by Ingrid Gustafson · 5 to 0
ent and Order of Commitment entered by the Second Judicial District Court, Silver Bow County. Caye pled guilty to aggravated assault, a felony in violation of § 45-5-202, MCA, in accordance with his plea agreement with the State. ¶3 Caye now asserts on appeal that his constitutional right to be present at all critical stages of t
2024 MT 169 Aug 6, 2024 Reversed
State v. C. L. Levine
Majority by Mike McGrath · 5 to 0
osition on them and only discuss them as necessary for context. 2 Attempted Kidnapping in violation of § 45-5-302, MCA; Aggravated Assault in violation of § 45-5-202, MCA; and Criminal Destruction of or Tampering with a Communication Device in violation of § 45-6-105, MCA. On October 3, the District Court issued a search warran
Official Annotations archive.org, 1997 edition
History:
En. 94-5-202 by Sec. 1, Ch. 513, L. 1973
Amd. Sec. 6, Ch. 584, L. 1977
R.C.M. 1947, 94-5-202
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 1, Ch. 289, L. 1981
Amd. Sec. 1, Ch. 163, L. 1985
Amd. Sec. 4, Ch. 482, L. 1995
Amd. Sec. 1, Ch. 245, L. 1997
Amd. Sec. 2, Ch. 433, L. 1997
Source text on leg.mt.gov