help with MIP/assault charges [please help]

[murraym]

i am from montana. last night i got into an altercation with my roommate. we were playing poker and drinking (us and 2 other people). after he threw a roll of papertowels very hard into my face i got more and more angry that he would not apologize but rather was blaming the incident on me. as i continued to comfront him and he continued to taunt me about the situation i threatened to hit him. he then said, "hit me then." i went to hit him, he blocked it and then said, "just hit me." i tried again and this time really hit him hard. he almost immediately began bleeding as i immediately began walking away. after coming back out from my room i noticed he grabbed his phone. he said that it was assult and that he was calling the cops. long story short, he did actually call the cops and i got an MIP. i was told that i needed to find another place to stay for the night and that i would be given a ride. they also said that he was unsure of whether or not he was going to press charges for the assault.

my questions are: 1. am i looking at a $100-$300 fine with 20hrs community service and a anti-drug class for the MIP? 2. how long does he have to decide if he wants to go ahead with the assault charges and what kind of a penalty is that going to be? and 3. what length of time will a MIP and a assault charge stay on someones record?

thank you so much for any help.

 

[BelizeBreeze]

my questions are: 1. am i looking at a $100-$300 fine with 20hrs community service and a anti-drug class for the MIP?

At a minimum

2. how long does he have to decide if he wants to go ahead with the assault charges and what kind of a penalty is that going to be?

well, since the two of you live together the prosecuting attoney could decide to either charge you with simple assault or domestic violence.

and 3. what length of time will a MIP and a assault charge stay on someones record?

thank you so much for any help.

Until it's expunged.

 

[BelizeBreeze]

and just so you know to keep your hands to yourself.

45-5-201. Assault. (1) A person commits the offense of assault if the person:
(a) purposely or knowingly causes bodily injury to another;
(b) negligently causes bodily injury to another with a weapon;
(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or
(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.
(2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

 

[murraym]

do you happen to know when the violation would be expunged. is it once i pay the fines and/or complete the class and such; or, one person told me that a MIP is dropped after 3 years of good behavior. do you know which is true?

 

[BelizeBreeze]

do you happen to know when the violation would be expunged. is it once i pay the fines and/or complete the class and such; or, one person told me that a MIP is dropped after 3 years of good behavior. do you know which is true?

It is not automatic. You have to ask for it to be expunged and no, I don't know the procedure. But it's not going to be for a few years.

 

[murraym]

thanks very much for you help

 

[murraym]

as for my second question at the beginning...do you have any idea how long he can take for deciding to charge me with assault or domestic violence? just wondering how long is too long for deciding to press charges. thanks

 

[BelizeBreeze]

as for my second question at the beginning...do you have any idea how long he can take for deciding to charge me with assault or domestic violence? just wondering how long is too long for deciding to press charges. thanks

That's really not something anyone here can tell you.

 

[murraym]

is there a reason no one can tell me, or is it highly variable on when a person can press charges for an incident of a particular night.