Manslaughter, Homicide, and Murder

Under Montana law, a murder involves the premeditated and intentional killing of another person or a fetus. Montana Code section 45-5-102 addresses murders, and it classifies them as deliberate homicides. In other states, the crime is often referred to as first-degree murder. Under section 45-5-102, a person commits or is accountable for a deliberate homicide if he or she purposefully or knowingly causes the death of another human being. Here are just a few examples of when a person might be charged with deliberate homicide in Montana. They include accountability during the commission or attempted commission of a robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, assault with a deadly weapon, aggravated assault or any other forcible felony.

Whenever a homicide occurs, a person’s life is taken. In nearly all states, what distinguishes a homicide from a murder is the lack of intent to kill a person. Regardless of that fact, a death can occur in the heat of passion without any premeditation. The State of Montana doesn’t have an actual manslaughter statute, but it recognizes the heat of passion as a mitigating factor in causing the death of another person. As a result, the state’s murder statute might not apply, and the offender would be charged with mitigated deliberated homicide which would be voluntary manslaughter in other states.

Montana has a death penalty, so long as the offender was 18 years old at the time of the commission of the crime. As opposed to a few other states, lethal injection is the only way that an offender might be executed in Montana. Otherwise, a conviction for the crime of deliberately killing another person is punishable by a sentence of a minimum of 10 years and up to 100 years in prison.

The felony murder doctrine contemplates deaths that occur during or shortly after the commission of certain specified felonies like robbery, arson, kidnapping or burglary. Montana’s felony murder law is found at Montana Code section 45-5-102(b). The death of the victim need not be premeditated or purposeful. Intent is irrelevant under the felony murder doctrine. Even an accidental death can be prosecuted as a murder under this rule.

The crime of mitigated deliberate homicide is found at Montana Code section 45-5-103. It’s committed when somebody “purposefully or knowingly causes the death of another human being or purposefully or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant but does so under the influence of extreme mental emotional stress for which there is reasonable explanation or excuse.” Any person who is convicted of mitigated deliberated homicide can be sentenced to between two and 40 years in state prison along with a fine not to exceed $50,000.

In the context of manslaughter, Montana has two negligent homicide statutes. A person can be prosecuted for negligent homicide pursuant to Montana Code section 45-5-104 if he or she “negligently causes the death of another human being.” As per the controlling statute, a person who is convicted of negligent homicide can be sentenced to up to 20 years in prison along with a fine not to exceed $50,000.

The second Montana negligent homicide statute is found at Montana Code section 45-5-106. It addresses vehicular homicide while under the influence of alcohol, drugs or any combination of the two. A person who is found guilty of vehicular homicide while under the influence in Montana “shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both.” Under section 45-5-106, deferred sentencing is not an alternative. That means mandatory prison time must be served if a person is convicted of this offense.

As per Montana Code section 45-5-105, when a person aids or solicits somebody else to commit suicide, and the suicide doesn’t occur, that person can be charged with aiding soliciting a suicide. Pursuant to section 45-5-105(2), “A person convicted of the offense of aiding or soliciting a suicide shall be imprisoned in a state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.”

A criminal case involving a death must be taken very seriously. The penalties involved in a sentence can be severe, and it’s well within a judge’s sound discretion to sentence an offender on the harsher side rather than on the more lenient side. If you believe that you might be criminally charged, or if you have been charged in connection with a death anywhere in or around Missoula, don’t give the police a statement or confession of any kind. Those will only be used against you in court. The state has the burden of proving you guilty beyond a reasonable doubt, and without a statement or confession, the prosecution might not even have a case against you. Don’t help it build a case against you either. Any promises that the police might make to you aren’t binding. Just repeat that you want to exercise your right to remain silent. You also have the right to an attorney. Insist on exercising that right too, and contact our offices as soon as possible. We’ll arrange for a confidential consultation, and then, we’ll advise you of what we think we might be able to do for you. Defenses exist to any homicide case. Contact us right away if you think that you’re going to be taken into custody or if you’re in custody on any case involving a fatality.

You’ll want to speak with us if you believe that you’re a person of interest in a murder investigation. The law doesn’t require you to answer any questions that investigators might ask you. You have the right to remain silent, so invoke that right. It’s perfectly legal for the police to lie to you during their investigation, so keep the fact in mind that anything you say can be used against you. If you’re taken into custody, and you tell investigators that you wish to speak with your lawyer, they’re not allowed to ask you any other questions without your lawyer being present.  

The defense attorney who you select to represent you in a murder investigation or charge could be the most important decision that you might make in your lifetime. Make the right choice. Retaining an aggressive and effective Missoula criminal defense attorney significantly improves your chances of a favorable outcome.