Notes of Decisions
Cited in
104
cases (
20 in the last 5 years), 1987–2025 · leading case:
State v. Smith, 2004 MT 191 (Mont. 2004).
State v. Smith, 2004 MT 191 (Mont. 2004).
· cites it 72× “¶ 2 The following issue is presented on appeal: ¶ 3 Did the District Court err in denying Smith's motion to dismiss Count I of the second amended Information on grounds that: (a) the prosecutor erroneously charged him with the offense of assault with a weapon, pursuant to §…”
State v. Swann, 2007 MT 126 (Mont. 2007).
· cites it 11× “¶17 Here, the District Court’s denial of Swann’s motion for directed verdict rests on the court’s interpretation of what constitutes reasonable apprehension of serious bodily injury from a weapon pursuant to § 45-5-213(1)(b), MCA. We recognize that the court had to apply the…”
State v. McCaslin, 2004 MT 212 (Mont. 2004).
· cites it 10× “¶1 Clay Elwood McCaslin (McCaslin), appeals from his conviction of Aggravated Assault, a felony in violation of § 45-5-202, MCA; Assault, a misdemeanor in violation of § 45-5-201, MCA; and Assault with a Weapon, a felony in violation of § 45-5-213, MCA, following a jury trial in…”
State v. Matt, 2005 MT 9 (Mont. 2005).
· cites it 21× “¶1 Aaron Matt (Matt) appeals from the judgment entered in the Twentieth Judicial District Court, Lake County, finding him guilty of Count I, assault with a weapon, in violation of § 45-5-213(l)(a), MCA, and Count II, assault on a peace officer, in violation of § 45-5-210(l)(a),…”
State v. Deserly, 2008 MT 242 (Mont. 2008).
· cites it 5× “¶3 The State charged Deserly with two counts of felony assault with a weapon, in violation of § 45-5-213(1), MCA (2005). A person convicted of this offense may be imprisoned in the state prison for a term not to exceed 20 years.”
State v. Michelotti, 420 P.3d 1020 (Mont. 2018).
· cites it 5× “¶26 Michelotti argues the evidence presented at trial was insufficient to support the jury's determination that Michelotti assaulted Gonzales because Gonzales did not testify and those who did testify could only guess that Gonzales was reasonably apprehensive of serious bodily…”
State v. Upshaw, 2006 MT 341 (Mont. 2006).
· cites it 4× “¶ 10 The State filed an information charging Upshaw with count I: assault with a weapon, a felony, as specified in § 45-5-213, MCA (2003); count II: aggravated burglary, a felony, as specified in § 45-6-204(2), MCA (2003); and count III: aggravated burglary.”
State v. Whitehorn, 2002 MT 54 (Mont. 2002).
· cites it 3× “Formerly, §§ 45-5-202(2)(a) and (b), MCA, felony assault, which were changed to § 45-5-213, et al. in 1999. We note the 2001 Legislature amended Montana’s weapons enhancement statute, § 46-18-221, MCA, to bring it into alignment with our holding in Guillaume .”
State v. Paoni, 2006 MT 26 (Mont. 2006).
· cites it 4× “¶1 Joseph Paoni (Joseph) appeals his convictions from the District Court of the Twenty-First Judicial District, Ravalli County, for assault with a weapon, a felony in violation of § 45-5-213(1)(a), MCA; partner-family member assault, a misdemeanor in violation of §…”
State v. Knowles, 2010 MT 186 (Mont. 2010).
· cites it 4× “Felony assault with a weapon in violation of § 45-5-213(1)(a), MCA, carries a maximum term of imprisonment of twenty years, while felony assault on a minor carries a maximum term of only five years.”
State v. J. Lackman, 2017 MT 127 (Mont. 2017).
· cites it 2× “” Lackman asserts that both aggravated assault (§ 45-5-202(1), MCA) and assault with a weapon (§ 45-5-213(1), MCA) are forcible felonies that can be accomplished by creating a “reasonable apprehension of serious bodily injury.”
State v. Price, 2006 MT 79 (Mont. 2006).
· cites it 2× “Following an investigation of the incident, the State charged Price with assault with a weapon, in violation of § 45-5-213, MCA (2003). ¶4 Testimony at Price’s trial, held September 15 and 16, 2004, established the following facts.”
Mont. Code Ann. § 45-5-213(1): 8 cases
State v. Michelotti, 420 P.3d 1020 (Mont. 2018).
“¶26 Michelotti argues the evidence presented at trial was insufficient to support the jury's determination that Michelotti assaulted Gonzales because Gonzales did not testify and those who did testify could only guess that Gonzales was reasonably apprehensive of serious bodily…”
State v. J. Lackman, 2017 MT 127 (Mont. 2017).
“” Lackman asserts that both aggravated assault (§ 45-5-202(1), MCA) and assault with a weapon (§ 45-5-213(1), MCA) are forcible felonies that can be accomplished by creating a “reasonable apprehension of serious bodily injury.”
State v. Deserly, 2008 MT 242 (Mont. 2008).
“¶3 The State charged Deserly with two counts of felony assault with a weapon, in violation of § 45-5-213(1), MCA (2005). A person convicted of this offense may be imprisoned in the state prison for a term not to exceed 20 years.”
Mont. Code Ann. § 45-5-213(1)(a): 14 cases
State v. McCaslin, 2004 MT 212 (Mont. 2004).
“¶1 Clay Elwood McCaslin (McCaslin), appeals from his conviction of Aggravated Assault, a felony in violation of § 45-5-202, MCA; Assault, a misdemeanor in violation of § 45-5-201, MCA; and Assault with a Weapon, a felony in violation of § 45-5-213, MCA, following a jury trial in…”
State v. Whitehorn, 2002 MT 54 (Mont. 2002).
“Formerly, §§ 45-5-202(2)(a) and (b), MCA, felony assault, which were changed to § 45-5-213, et al. in 1999. We note the 2001 Legislature amended Montana’s weapons enhancement statute, § 46-18-221, MCA, to bring it into alignment with our holding in Guillaume .”
State v. Paoni, 2006 MT 26 (Mont. 2006).
“¶1 Joseph Paoni (Joseph) appeals his convictions from the District Court of the Twenty-First Judicial District, Ravalli County, for assault with a weapon, a felony in violation of § 45-5-213(1)(a), MCA; partner-family member assault, a misdemeanor in violation of §…”
State v. Knowles, 2010 MT 186 (Mont. 2010).
“Felony assault with a weapon in violation of § 45-5-213(1)(a), MCA, carries a maximum term of imprisonment of twenty years, while felony assault on a minor carries a maximum term of only five years.”
Mont. Code Ann. § 45-5-213(1)(b): 19 cases
State v. Swann, 2007 MT 126 (Mont. 2007).
“¶17 Here, the District Court’s denial of Swann’s motion for directed verdict rests on the court’s interpretation of what constitutes reasonable apprehension of serious bodily injury from a weapon pursuant to § 45-5-213(1)(b), MCA. We recognize that the court had to apply the…”
State v. Smith, 2004 MT 191 (Mont. 2004).
“¶ 2 The following issue is presented on appeal: ¶ 3 Did the District Court err in denying Smith's motion to dismiss Count I of the second amended Information on grounds that: (a) the prosecutor erroneously charged him with the offense of assault with a weapon, pursuant to §…”
State v. Michelotti, 420 P.3d 1020 (Mont. 2018).
“¶26 Michelotti argues the evidence presented at trial was insufficient to support the jury's determination that Michelotti assaulted Gonzales because Gonzales did not testify and those who did testify could only guess that Gonzales was reasonably apprehensive of serious bodily…”
Mont. Code Ann. § 45-5-213(2)(a): 7 cases
State v. Deserly, 2008 MT 242 (Mont. 2008).
“¶3 The State charged Deserly with two counts of felony assault with a weapon, in violation of § 45-5-213(1), MCA (2005). A person convicted of this offense may be imprisoned in the state prison for a term not to exceed 20 years.”
Mont. Code Ann. § 45-5-213(a): 1 case
Mont. Code Ann. § 45-5-213(l)(a): 7 cases
State v. Matt, 2005 MT 9 (Mont. 2005).
“¶1 Aaron Matt (Matt) appeals from the judgment entered in the Twentieth Judicial District Court, Lake County, finding him guilty of Count I, assault with a weapon, in violation of § 45-5-213(l)(a), MCA, and Count II, assault on a peace officer, in violation of § 45-5-210(l)(a),…”
State v. McCaslin, 2004 MT 212 (Mont. 2004).
“¶1 Clay Elwood McCaslin (McCaslin), appeals from his conviction of Aggravated Assault, a felony in violation of § 45-5-202, MCA; Assault, a misdemeanor in violation of § 45-5-201, MCA; and Assault with a Weapon, a felony in violation of § 45-5-213, MCA, following a jury trial in…”
State v. Paoni, 2006 MT 26 (Mont. 2006).
“¶1 Joseph Paoni (Joseph) appeals his convictions from the District Court of the Twenty-First Judicial District, Ravalli County, for assault with a weapon, a felony in violation of § 45-5-213(1)(a), MCA; partner-family member assault, a misdemeanor in violation of §…”
State v. Knowles, 2010 MT 186 (Mont. 2010).
“Felony assault with a weapon in violation of § 45-5-213(1)(a), MCA, carries a maximum term of imprisonment of twenty years, while felony assault on a minor carries a maximum term of only five years.”
Mont. Code Ann. § 45-5-213(l)(b): 7 cases
State v. Smith, 2004 MT 191 (Mont. 2004).
“¶ 2 The following issue is presented on appeal: ¶ 3 Did the District Court err in denying Smith's motion to dismiss Count I of the second amended Information on grounds that: (a) the prosecutor erroneously charged him with the offense of assault with a weapon, pursuant to §…”
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treatment. Dots show Syfertize treatment of the citing case itself.