State v. Gregori
Annotate this CaseDefendant was charged with two counts of felony partner or family members assault (PFMA), one charge pertaining to his brother and one charge pertaining to his niece. The case proceeded to trial. At the close of the State’s case, Defendant moved for judgment of a matter of law as it pertained to the second count, arguing that his niece was not a “family member” as that term is defined in the applicable statute, Mont. Code Ann. 45-5-206. The district court denied the motion. The jury subsequently convicted Defendant PFMA for his assault on his niece. The Supreme Court reversed, holding that Defendant’s niece was not a family member as defined by section 45-5-206 because no evidence was presented that Defendant and his niece resided together in the same household at any time.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.