Domestic Violence Charges in Montana

Montana has a separate crime called partner or family member assault: purposely or knowingly causing bodily injury to, or reasonable fear of bodily injury in, a partner (spouse, ex-spouse, co-parent, or current or past dating or intimate partner) or a family member, or negligently injuring one with a weapon. A first offense carries a fine of $100 to $1,000 and 24 hours to 1 year in county jail; a second offense carries a fine of $300 to $1,000 and 72 hours to 1 year in jail. A third or subsequent offense is a felony-level offense with a fine of $500 to $50,000 and 30 days to 5 years (state prison if over 1 year). Strangling a partner or family member (impeding breathing or blood circulation by pressing on the throat or neck or blocking the nose and mouth) is a separate felony punishable by up to 5 years in state prison, a fine up to $50,000, or both, and 2 to 20 years for a second or subsequent offense.

Montana's rule on court-appointed lawyers: The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee. MCA § 47-1-111

Lawyers set their own fees, and Montana has rules on how they may charge. See hiring a criminal defense lawyer in Montana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Montana: Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301). MCA §§ 46-9-106, 46-9-301 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Montana expungement and record sealing rules.