
Court Finds Montana Partner Assault Conviction Not a Federal Domestic Violence Offense
The Ninth Circuit has determined that a Montana conviction for partner or family member assault is not a misdemeanor crime of domestic violence under federal criminal law. In so doing, the court recognized that the statute criminalizes the infliction of emotional abuse. As such, it does not require the use or attempted use of physical force under federal criminal law. “Taken together, these authorities show that a person can violate section 45-5-206(1)(a) through any form of communication that inflicts bodily injury in the form of emotional anguish.” The infliction of emotional anguish is sufficient to trigger the statute.
Although this analysis arose in the criminal context, the immigration law definitions of a crime of violence and a crime of domestic violence under federal criminal law both require the use or attempted use of physical force. Indeed, the federal courts have acknowledged that the level of force required to meet the definition of a misdemeanor crime of domestic violence is lower. However, the degree of force for a crime of violence or a crime of domestic violence is higher.
Thus, this analysis should be sufficient to demonstrate that a Montana conviction for partner or family member assault does not trigger the applicable immigration consequences. This is specific to those offenses under federal criminal law.
