Legal Question in Criminal Law in Montana

Re: Felony assault of a police officer

There is no pat answer to this one as judges consider many factors other than the charge itself when fashioning a sentence. The judge will take into account the defendant's criminal history, the defendant's psychological history, family history, the victim's wishes and other factors. The statutory maximum penalty varies as well depending on how the offense was committed. If the defendant is convicted of causing bodily injury or reasonable apprehension of bodily injury with or without a weapon the penalty range is from 2 to 10 years with a fine of up to $50,000. If the injury caused constitutes serious bodily injury, then the penalty range jumps to a range of 5 to 20 years with a fine of up to $50,000. The fine may be instead of or in additon to any prison sentence. The short answer to your question is, it depends.