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Date: 02-21-2023
Case Style:
United States of America v. Clay Bad Hawk
Case Number: 4:22-cr-00055
Judge: Brian M. Morris
Court: United States District Court for the District of Montana (Cascade County)
Plaintiff's Attorney: United States Attorney’s Office in Great Falls
Defendant's Attorney:
Description: Great Falls, Montana criminal defense lawyer represented Defendant charged with domestic assault and battery with strangulation.
The government alleged in court documents that in December 2021, Clay Bad Hawk, age 25, punched, slapped, kicked and strangled the victim, identified as Jane Doe, with whom he was in a relationship. Bad Hawk assaulted Jane Doe in a bedroom in his residence, and two girls from across the street on the Rocky Boy's Indian Reservation, yelled through the bedroom window at Bad Hawk that the police were called. Jane Doe hid until the porch until she was found by police. Jane Doe was treated for injuries at a local hospital. Bad Hawk had two prior domestic violence convictions from the Chippewa Cree Tribal Court.
The FBI, Chippewa Cree Tribal Law Enforcement and Rocky Boy’s Police Department investigated the case.
18:117.F DOMESTIC ABUSE BY HABITUAL OFFENDER; Title 18 USC 117
(1)
(a) In General.—Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction—
(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or against a child of or in the care of the person committing the domestic assault; or
(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.
(b) Domestic Assault Defined.—
In this section, the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.
Outcome: Defendant was sentenced to two years in prison, followed by three years of supervised release.
Plaintiff's Experts:
Defendant's Experts:
Comments: