For reference, Montana has two assault statutes. Here is the threshold for felony assault (aggravated assault):
A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another person. Serious bodily injury is a physical injury that creates a substantial risk of death. An example of aggravated assault includes physical contact, such as a beating, that places the victim in critical condition or in a coma.
Here’s what Gianforte is being charged with:
Someone who knowingly and intentionally causes bodily injury can be charged with assault. This means that only deliberate acts will support an assault charge; an accidental blow, for example, will not. Similarly, someone who hurts another while suffering a temporary blackout has not assaulted the victim (though the person might be civilly liable for any injuries).
The statute requires “bodily injury,” which means that some injury to the victim’s body must be inflicted. It excludes psychological trauma. The level of injury need not be great, for as long as physical pain occurs as a result of the injury, an assault has occurred. Note that if the injury is more serious, the offense can be charged as a felony
Seems appropriate- I don’t think being body slammed created a substantial risk of death. Misdemeanor assault comes with some penalties:
A person convicted of assault in Montana can be fined up to $500, receive a county jail sentence up to six months, or both.