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.

Federal criminal law: what to expect and how we defend you

Federal cases move fast and the stakes are high. However, with a clear plan—starting at investigation and running through sentencing and appeals—you can protect your rights and your future immigration options. We defend in federal court and coordinate immigration-safe strategies.

Common federal charges we handle

Fraud & financial: wire/mail/bank fraud, PPP/benefits fraud, identity theft
Immigration-related: illegal reentry, document fraud, marriage/benefits fraud, harboring/transporting
Narcotics & firearms: conspiracy, distribution, possession with intent, §924(c)
Cyber & access crimes: CFAA, access-device fraud, crypto-related offenses
Public corruption & obstruction: false statements, perjury, obstruction, bribery

The federal process (simple timeline)

Investigation & grand jury – agents contact you; therefore, assert counsel and avoid interviews without a lawyer.
Arrest/initial appearance – we fight for release conditions and protect statements.
Discovery & motions – we challenge searches, wiretaps, lineups, and statements.
Negotiations or trial – evaluate plea offers, safety-valve, cooperation, or go to trial.
Sentencing – calculate Guidelines, argue departures/variances, and humanize mitigation.
Appeals & post-conviction – pursue errors, §2255, coram nobis, or compassionate release where appropriate.

Immigration-safe defense (Padilla-aware)

A conviction can trigger deportation, inadmissibility, detention, or loss of benefits. Therefore, we:

Map aggravated felony and CIMT risks using the categorical approach.
Seek immigration-safe pleas (elements, record-of-conviction limits, stipulated facts).
Time outcomes to preserve asylum, cancellation, TPS, DACA, or family visas.
Coordinate post-conviction relief when prior advice was defective.

Bail & pretrial release

Argue least-restrictive conditions: third-party custodian, electronic monitoring, or bond.
Address flight-risk and danger factors with documents and community ties.
For non-citizens, mitigate ICE detainers and explain dual-custody risks.

Sentencing strategy that moves the needle

Guidelines math: loss/role/specific offense characteristics; safety-valve and acceptance.
Departures/variances: over-represented criminal history, family responsibilities, trauma, rehabilitation.
Mitigation file: treatment, employment, education, restitution plans, letters, expert reports.
As a result, the court has concrete reasons to sentence below the maximum.

Evidence & documents checklist (bring to your consult)

Charging papers, complaints, indictments, and prior convictions
Search warrants and property return receipts
Digital accounts/devices and any forensic reports
Immigration status docs (A-number, visas, I-94, USCIS filings)
Proof of work, family, medical needs, and community ties

FAQs

Should I talk to agents to “clear things up”?
Not without counsel. Instead, let us interface to protect you from admissions.

Can I travel while on bond?
Sometimes—with court permission. However, international travel is usually restricted.

Will a plea get me deported?
It depends. Therefore, we analyze elements and negotiate immigration-safe resolutions when possible.

Can I fix an old plea that hurt my status?
Possibly. For example, we evaluate Padilla claims, §2255, or coram nobis to seek vacatur.

How we help

First, we stabilize your release and stop risky interviews. Next, we attack the government’s case and model sentencing exposure. Then, we negotiate or try the case with an immigration-safe lens. Finally, we handle sentencing, appeals, and post-conviction relief.

Need federal criminal defense with immigration insight? Schedule a consultation or call (562) 495-0554.