CRIMINAL DEFENSE ATTORNEY
As your Bozeman criminal defense attorney, Emma will advocate for your interests in court appearances, explain legal jargon to you, and help you make decisions about your case by advising you of all possible outcomes.
In criminal defense cases, the state of Montana has the burden to prove the defendant guilty of the crime charged beyond a reasonable doubt. If you have been advised of your rights and plead not guilty, Emma will advise you on the process and plea options and attend court appearances. She will work diligently to review the state’s discovery, or the police report, video, witness statements, test results, and your interview statement.
Emma evaluates what the state needs to prove, and before negotiating a plea agreement, makes sure that the state can meet its burden to prove that you are guilty beyond a reasonable doubt.
If the state does prove its case, Emma will negotiate a plea agreement and advocate for the fairest outcome, including minimal court fines and jail time where necessary. To ensure you don’t receive a harsher punishment, Emma also assists through the completion of your sentence.
WHAT TYPES OF CRIMINAL DEFENSE CASES DOES EMMA HANDLE?
Misdemeanor assault, or § 45-5-201, MCA, may include a sentence of a $500 fine or jail for up to six months, or both.
Ms. Buescher typically expects to see both a fine and a few days of jail, depending on the circumstances of the case at hand. Severe injuries from the assault involve more jail time.
It is important to note that a police officer can charge a person with assault even if there are no injuries. This is the “reasonable apprehension,” or part (d), portion of the statute, and is applicable when the apparent victim is fearful of injury based on the defendant’s conduct or actions.
The penalty for an injury related assault and an assault based on reasonable apprehension is sometimes the same. The outcome of each case depends on an evaluation of all possible defenses, including self-defense.
Assault with a weapon, or § 45-5-213, MCA, is a felony that, if convicted, requires registration on the Montana Sexual or Violent Offender Registry, a fine, and felony probation for anywhere from three to five years, depending on the circumstances of the case.
Assault with a weapon sentencing may also include jail time, anger management, and/or a chemical dependency evaluation with a specialist. Similar to misdemeanor assault, a police officer may charge a person with assault with a weapon even if no harm is inflicted.
A situation leading to an assault with a weapon charge could include threatening to use a knife, for example, or brandishing a gun. The Montana legislature determined that the penalty for assault with a weapon is the same for both types of assault with a weapon.
Partner Family Member Assault (“PFMA”), or § 45-5-206, often overlaps with Ms. Buescher’s divorce casework. Having one attorney handle both matters is helpful because knowing the status and possible outcome of your PFMA case helps in the divorce process.
Other offenses, such as Stalking, Strangulation of a Partner or Family Member, Kidnapping, Unlawful Restraint, Robbery, and sexual offenses can have lasting impacts on your family dynamics, financial freedom, and employment.
FELONY CRIMINAL DEFENSE
Certain offenses are designated in Montana law as felonies, such as assault with a weapon, some drug possession charges, theft, sexual assault, etc. The penalty for a felony oftentimes includes felony probation and may include registering with the state as a violent offender or sexual offender.
It is important to hire an attorney to understand all possible legal defenses for a felony and gather any necessary photographs, writings, and witnesses prior to accepting a plea agreement or proceeding to trial.
CRIMINAL DEFENSE TRIAL
Trial work is an important consideration in hiring a defense attorney. Most of Ms. Buescher’s trial work began early on in her career as a family law attorney, often conducting lengthy bench trials twice a month. Family law is heavily litigated, so that experience gives Ms. Buescher ease and confidence in the courtroom.
Because criminal trials are infrequent for defense attorneys—perhaps as little as once a year—Ms. Buescher strengthens her trial skills on an ongoing, monthly basis through her Bozeman family law practice.
A defendant is under no obligation to plead guilty, and the United States Constitution gives all defendants the right to a jury trial. Hiring a knowledgeable attorney to take your case to trial will maintain the presumption of innocence and hold the state accountable in proving each element of the offense beyond a reasonable doubt.
A criminal trial gives you the opportunity to summon witnesses on your behalf and to question witnesses against you. Discussing the consequences of accepting a plea agreement and all of your possible legal defenses with an attorney allows you to decide if taking your case to trial is the correct course of action for you.
FREQUENTLY ASKED QUESTIONS - CRIMINAL DEFENSE
What should I bring to my criminal defense consultation with Emma?
The most important thing to have with you for your first meeting is a strong recollection of what happened. We will talk about why the police contacted you, what you said, who was present, and the activity leading up to your arrest. The citations are helpful in seeing exactly what you were charged with to set initial expectations for jail time.
Any paperwork, such as a no contact order, conditions of release, or your refusal paperwork is necessary for Emma to interpret and advise you.
How much is a criminal defense consultation?
A criminal defense consultation is free up front. Our office sets aside 15–30 minutes for each consultation, depending on your charge or charges. All consultations, except for those occurring at the jail, are by phone, and a second, in-person consultation is encouraged before choosing to hire Ms. Buescher.