Montana Self-Defense - Assault
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How to fill out Self-Defense - Assault?
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FAQ
Aggravated assault -- felony assault. (1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another. (b) reasonable apprehension of serious bodily injury in another by use of a weapon.
All states have self-defense laws that allow people who are threatened to use reasonable force to defend themselves or others, and to avoid criminal liability from their use of force.
Montana law makes it a felony, punishable by up to five years in prison, to maliciously intimidate, harass, or injure a person, or destroy their property, because of the victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activity.
(2) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any individual.
(23) ?Felony? means an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year.
45-3-102. Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force.
Pepper spray is LEGAL to buy, carry, use and ship to Montana. Must be a minimum of 18 years old. Cannot have any convicted felonies on record. For self defense purposes only.
California's Castle Doctrine is the legal principle in which residents are presumed to have a reasonable fear of death or great bodily injury if an intruder forcibly enters their home. Thus, it could be deemed a justifiable homicide if the resident kills or injures the intruder in self-defense.
