My boyfriend is sitting in jail for aggravated assault with a deadly weapon and kidnapping. I tried to pull over during our trip because he was too drunk to calm down and had told the police that he held me at knife point and ordered me to keep driving. I didn't actually see the knife open, his intent wasn't to hurt me, and I consented to keep driving.
There are two distinct charges in Montana, one is Aggravated Assault, another is Assault with Weapon.
A few possible lesser-included offenses for either charge include: 1. Intimidation, under MCA 45-5-203, which can include a prison term up to 10 years or a fine up to $50,000, or both; 2. Partner Family Member Assault, under MCA 45-5-206, which includes up to 1 year in jail and a $1,000 fine (he would also be required to complete at least 40 hours of anger management); 3. Assault, under MCA 45-5-203, which includes a fine up to $500 or 6 months jail, or both.
As for a lesser-included offense with respect to Kidnapping, there is Unlawful Restraint, under MCA 45-5-301, which includes up to a $500 fine or 6 months jail, or both.
Altogether, there may be additional restrictions or obligations imposed on your boyfriend even if convicted of lesser-offenses, such as; imposition of another protective order for your safety, and other alcohol/drug/anger management counseling/assessments/treatment.
This "Answer" is not legal advice and it is not complete. This is not legal advice. I always recommend that you consult an attorney authorized to practice in your state.
This is really a question for your boyfriend's lawyer. We can't tell based on the information here. If you post more information you risk giving the state more evidence to convict your boyfriend, so don't do it. If he doesn't have a lawyer he needs one now.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
There are plenty of lesser charges that could be given. You should stay in touch with the prosecutor's office about this.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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