Under MCA § 45-5-401(1) and MCA § 45-5-401(3), a person commits the offense of “robbery” if, in the course of committing a theft the person:
- inflicts bodily injury upon another;
- threatens to inflict bodily injury upon any person;
- purposely or knowingly puts any person in fear of immediate bodily injury;
- commits or threatens immediately to commit any felony, other than theft.
The penalty for robbery in Montana is a prison term of up to 40 years in prison with a minimum mandatory of 2 years in prison and a fine of up to $50,000, except as provided in 46-18-219 and 46-18-222.
Attorney for Robbery in Helena, Montana
If you were charged with robbery under MCA § 45-5-401(1) and MCA § 45-5-401(3), with robbery, then contact an experienced criminal defense attorney at Beebe Law Firm. With offices in Helena, Montana, Greg Beebe represents clients throughout Lewis and Clark County, Jefferson County, and the surrounding counties.
Elements of Robbery Crimes in Montana
Under the robbery statute in Montana, the phrase “in the course of committing a theft” as used in this section includes acts which occur in an attempt to commit, in the commission of or in the after the attempt or commission of theft. The standard jury instructions for robbery are found in MCJI 5-122.
The elements of robbery include:
- That the Defendant did one of the following:
- committed theft;
- attempted to commit theft;
- was fleeing after committing or attempting to commit theft; and
- That the Defendant while so doing inflicted bodily injury upon the alleged victim; threatened to inflict bodily injury upon the alleged victim; put the alleged victim in fear of immediate bodily injury; committed or threatened to commit any felony other than theft; and
- That the Defendant acted purposely or knowingly.
The standard jury instructions for robbery are found at MCJI 5-122(a).
Additional Resources
Montana’s law for Robbery at MCA 45-5-401 – Visit the website of the Montana Legislature to find the statutory language contained in Section 45-5-401 for threats to inflict bodily injury and robbery. The crime also includes the penalties for this serious crime of violence. The crime is punishable by 40 years in prison with a 2-year minimum mandatory. In the course of “committing a theft” includes acts that occur in an attempt to commit or in the commission of theft or in flight after the attempt or commission.
Finding an Attorney for Robbery in Helena, Montana
If you are charged with robbery, then contact an experienced criminal defense attorney to help you fight these charges. Greg Beebe’s office is conveniently located in Helena, the state capital of Montana and the county seat of Lewis and Clark County.
He also represents clients in Boulder which is the county seat of Jefferson County, as well as the surrounding counties including Teton County, Cascade County, Meagher County, Broadwater County, Powell County and Flathead County.
With offices conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue, call the Beebe Law Firm at (406) 442-3300, to set up a free and confidential consultation to discuss your case. Greg Beebe can begin your defense today.
