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 13 45-5-212 66 45-5-213 3 45-5-214 38 45-5-220 1 45-5-221 45-5-222 5 45-5-223 1 45-5-231 45-5-232 45-5-233 45-5-234

Mont. Code Ann. § 45-5-213

(2003)

Assault with weapon

(1) A person commits the offense of assault with a weapon 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 or what reasonably appears to be a weapon.

(2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.

(b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon 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

66 opinions
2024 MT 317N Dec 23, 2024 Affirmed
Zeiler v. State
Majority by Mike McGrath · 5 to 0
y were substituted as co-counsel for Zeiler in both cases. On October 16, the State charged Zeiler in two other cases with Assault with Weapon, in violation of § 45-5-213, MCA; Tampering with Witnesses and Informants, in violation of §§ 45-2-302(3) and -7-206, MCA; and Violation of Order of Protection, in 2 violation of § 45-5
2024 MT 316N Dec 23, 2024 Affirmed in part, reversed in part
State v. Z. Smith
Majority by Mike McGrath · 5 to 0
h Assault on Peace or Judicial Officer in violation of § 45-5-210, MCA. On July 26, the State charged Smith in Case 4 with Assault with Weapon in violation of § 45-5-213, MCA. Finally, on September 27, the state Charged Smith in Case 5 with Possession of Deadly Weapon by Prisoner or Youth in Facility in violation of § 45-8-318, MCA
2024 MT 157 Jul 30, 2024 Affirmed
State v. P. Rossbach
Majority by Beth Baker · 5 to 0
l Motions on September 3, 2020. Rossbach appeals. ¶18 We discuss additional facts below as they relate to the issues on appeal. 2 Section 45-5-102, MCA 3 Section 45-5-213, MCA. 4 Section 45-7-207, MCA. 5 Section 45-5-203, MCA. 7 STANDARDS OF REVIEW ¶19 “We review a district court’s denial of a challenge to remove a pros
2024 MT 132 Jun 25, 2024 Affirmed in part, reversed in part
State v. E. Rodriguez
Majority by Jim Rice · 4 to 3
ly commits any other offense within that 6 structure”), was an alleged assault with a weapon by Daniels upon Leah inside the mobile home, in violation of § 45-5-213(1)(b), MCA (2017). Thus, as alleged against Rodriguez and tried, the jury was instructed that the State must prove beyond a reasonable doubt for Count IV, aggravated burg
2024 MT 132 Jun 25, 2024 Affirmed in part, reversed in part
State v. E. Rodriguez
Dissenting by Laurie McKinnon · 4 to 3
ictim, Hernandez. Thus, Count I retained by the plea agreement failed to state the necessary elements for the offense of assault with a weapon as required under 45-5-213, MCA. Smith, ¶¶ 29-30 (emphasis in original). ¶40 The evidence does not support that Daniels pointed the gun at Leah inside her home. The offense of assault wi
Official Annotations archive.org, 2003 edition
History:
En. Sec. 7, Ch. 432, L. 1999 (HB 203 - Shockley, Jim (R) HD 61)
Source text on leg.mt.gov