Misdemeanor Attorney

in Missoula, MT

When hiring an experienced criminal defense attorney, it is important to consider the qualifications and experience of the attorney. Qualifications to consider for a defense attorney include their law degree, prior experience as a prosecutor or defense lawyer, knowledge of local criminal law and court systems, and familiarity with common defenses in misdemeanor cases. We encourage you to talk with each potential candidate in order to get a better sense of their approach to your misdemeanor case before making your final decision on which attorney to hire.

When You Need A Misdemeanor Lawyer

A misdemeanor crime is classified as a lesser offense than a felony and typically involves less serious injuries in assault cases, less property value stolen, or criminal conduct that is considered less serious than a felony offense. Misdemeanors typically carry maximum fines of $1,000 (although some misdemeanors can carry more severe fines, including fines of $10,000), and maximum jail sentences of 1 year.

Misdemeanor convictions can potentially remain on your permanent record which can affect you far beyond any immediate penalties you may face for the crime. If you have been charged with a misdemeanor, it is important to seek the help of an experienced criminal defense lawyer that can help you understand your rights and options.

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Differences Between a Misdemeanor and Felony

Misdemeanors and felonies are both types of criminal offenses. Misdemeanors may be distinguished from felonies in that they typically carry lesser penalties than felonies.

Misdemeanors are easier to remove from your criminal record as misdemeanors are eligible for expungement whereas felonies are not.

What Are Misdemeanor Penalties?

Misdemeanor penalties include jail time, fines and fees, loss of license, misdemeanor supervison, alcohol and drug classes, group counseling, anger management and more. Depending on the circumstances of your case, hiring an attorney may help you stay out of jail, expunge your criminal record, get the charges reduced or dismissed, challenge the validity of your arrest, uphold your legal rights in court and reduce criminal penalties. Alternative sentencing options such as deferred prosecution agreements or deferred impositions may even result in complete dismissal even if the evidence against you is stong.

What Are Possible Legal Defenses for Misdemeanors?

Defenses for misdemeanor charges include:

If someone commits violence against you or another person, you may be able to claim self defense, then explain your actions and avoid being convicted of a misdemeanor offense, such as assault, on this basis.

Some crimes, but not all, require the prosecution to prove that a defendant had a specific mind set or intent in order for their to be a crime. An example of intent is “knowingly” taking some criminal action. If the prosecution cannot prove a spefic level of intent required by law, then a defendant cannot and should not be convicted of that crime. Crimes like theft or assault are examples of crimes with an intent element. DUIs on the other hand do not require proof of intent or a mental state.

If there is evidence that someone else committed the crime in question, then this could be used as a defense against conviction for misdemeanor charges.

If a person was unable to understand what they were doing due to their mental state at the time of committing the crime, they may be able to use an insanity defense and avoid conviction altogether.

misdemeanor lawyer in missoula

Can I Expunge A Misdemeanor Conviction Record?

It is possible to expunge a misdemeanor conviction record in Montana. The attorneys at our law firm have extensive experience in clearing criminal records for both adult and juvenile offenders.

We believe that good people make mistakes and like to help clients get a fresh start provided they’re willing to make a change. Depending on the circumstances of your case, if you are charged with a misdemeanor, hiring an experienced attorney may help you stay out of jail, expunge your record, dismiss charges against you, or challenge the validity of your arrest.

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Frequently Asked Questions

Holloway & Hulling is a criminal law firm based in Montana that specializes in representing adult and juvenile offenders charged with misdemeanors in the state’s criminal justice system.

Having an experienced criminal defense attorney on your side can make a big difference in your misdemeanor charge. They can help ensure that you maintain your freedom, keep this charge from creating collateral consequences in your life, keep your criminal history from barring future employment opportunities and other endeavors, and an attorney will generally give you a better understanding of the legal process involved in your particular case. We have decades of experience handling these types of cases, including any necessary court appearance, and providing clients with the representation they need to get the best outcome for their situation.

Holloway & Hulling is experienced in defending against a wide range of misdemeanor offenses on the state level. Some typical misdemeanor charges that we handle include simple assault, DUI, petty theft, marijuana possession, public intoxication, indecent exposure and illegally carrying a weapon. We also have experience defending against domestic battery cases. Our attorneys have decades of experience representing both adult and juvenile offenders charged with misdemeanors in Montana’s criminal justice system. We understand that good people make mistakes, and we like to represent clients willing to make changes and a fresh start. Having an experienced criminal defense lawyer represent you in court makes a huge difference in your case; this difference can include staying out of jail and ensuring this charge does not bar you from future employment opportunities and other endeavors.

A misdemeanor can result in a variety of consequences, such as a possible jail term, probation, restitution fees, and fines.

Having a misdemeanor conviction on your record can have serious implications for your future. It may hinder your ability to apply for jobs or find housing due to the need to disclose any criminal convictions. Additionally, it could affect any future opportunities you may have such as getting into college or obtaining certain licenses.