A person can be charged with the offense of assault on a judicial officer/peace officer in Montana under MCA § 45-5-210(1). The offense can be charged if it is alleged that the person purposely or knowingly causes:
bodily injury to a judicial officer/peace officer; or
reasonable apprehension of serious bodily injury in a judicial officer/peace officer by use of a weapon; or
bodily injury to a judicial officer/peace officer with a weapon; or
serious bodily injury to a judicial officer/peace officer.
If you were charged with any type of assault or aggravated assault charge in Helena, Montana, in Lewis and Clark County or the surrounding areas, then contact an experienced criminal defense attorney.
Greg Beebe helps his clients fight charges alleging a crime of violence throughout Montana. Call (406) 442-3300 today to discuss your case during a free and confidential consultation.
Elements of Assault on Judicial Officer/Peace Officer
Under MCA § 45-5-210(1), the crime of assault on a judicial officer/peace officer, requires proof beyond a reasonable doubt of each of the following elements:
That the Defendant caused either:
bodily injury to the alleged victim; or
reasonable apprehension of serious bodily injury to the alleged victim by the use of a weapon; or
bodily injury with a weapon; or
serious bodily injury; and
That the alleged victim is either a judicial officer or a peace officer; and That the Defendant acted purposely or knowingly.
The definition of either “peace officer” or “judicial officer” can be found at MCA § 45-5-210 (a) or (b) and MCJI 5-116(b).
The jury instruction for assault on a peace officer or judicial officer can be found at MCJI 5-116.
Under subsection MCA §45-5-210(4), the crime of criminal endangerment, negligent endangerment, and assault, as defined in MCA § 45-5-201, are not included as offenses of assault on a peace officer or judicial officer.
Definition of Judicial Officer/Peace Officer
The term “judicial officer” is defined to mean justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, city judges, workers’ compensation judges, water court judges, and judges pro tempore.
The term “peace officer” is defined to mean a person who by virtue of the person’s office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope of the person’s authority. This includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.
Finding Attorneys Assault against a Judicial or Peace Officer
If you are charged with either a felony or misdemeanor for the crime of assault, then contact a criminal defense lawyer in Helena, Montana, to discuss the case. Greg Beebe represents clients throughout Helena in Lewis and Clark County and the City of Boulder in Jefferson County. He represents clients in the surrounding areas.
Greg Beebe is experienced representing clients charged with a crime for assault including assault on a partner or family member, with a weapon or on a minor.