Montana Felony vs Misdemeanor: Sentences, Fines and Probation (2026)

Montana does not use felony or misdemeanor classes, and it labels an offense by the sentence the judge actually imposes. Under Mont. Code Ann. 45-2-101, "'Felony' means an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year," and a misdemeanor is an offense punished by county jail, a fine, or both, or by state prison for 1 year or less. Each offense statute sets its own penalty, with defaults in 46-18-212 and 46-18-213 for offenses that have none.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana's felony and misdemeanor definitions (Mont. Code Ann. 45-2-101), the default penalties and fine limit (46-18-212, 46-18-213, 46-18-231), the sentences a judge may impose and the deferral and suspension limits (46-18-201), revocation (46-18-203, 46-23-1015), the persistent felony offender law (46-1-202, 46-13-108, 46-18-502), mandatory life and minimum sentences and their exceptions (46-18-205, 46-18-219, 46-18-221, 46-18-222, 46-18-224) and selected offense penalties. It does not grade individual offenses in full (see the Montana theft laws and Montana assault and battery laws pages), drug-offense minimums, parole eligibility, time limits for prosecution, record clearing, youth court, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Montana

Section 45-2-101 supplies all three definitions:

"'Felony' means an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year."

"'Misdemeanor' means an offense for which the sentence imposed upon conviction is imprisonment in the county jail for a term or a fine, or both, or for which the sentence imposed is imprisonment in a state prison for a term of 1 year or less."

"'Offense' means a crime for which a sentence of death or of imprisonment or a fine is authorized. Offenses are classified as felonies or misdemeanors."

Three points follow from the text:

• The sentence imposed decides. Montana's definitions turn on "the sentence imposed upon conviction," not only on the maximum the offense statute allows.
• The prison line is more than 1 year. A state prison sentence of 1 year or less is a misdemeanor sentence, and any county jail or fine-only sentence is a misdemeanor sentence.
• There are two categories, no classes. Section 45-2-101 sets no letters, numbers or degrees within either category.

Montana felony and misdemeanor penalties at a glance

These are the ranges the offense and default statutes set. The persistent felony offender law (46-18-502), the mandatory life statute (46-18-219) and several offense statutes set higher ranges for some repeat convictions, and several statutes require prison time that cannot be deferred or suspended, as described below.

The defaults read: "The court, in imposing sentence upon an offender convicted of an offense for which no penalty is otherwise provided or if the offense is designated a misdemeanor and no penalty is otherwise provided, may sentence the offender to a term of imprisonment not to exceed 6 months in the county jail or a fine not to exceed $500, or both" (46-18-212), and "The court, in imposing sentence upon an offender convicted of an offense which is designated as a felony and no penalty is otherwise provided, may sentence the offender for any term not to exceed 10 years in the state prison or may fine the offender in an amount not to exceed $50,000 or may impose both such fine and imprisonment" (46-18-213).

Fines also depend on ability to pay: "The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine and interest" (46-18-231(3)).

The theft statute shows how one offense spans both categories. A first or second offense of theft of property not exceeding $1,500 carries a fine up to $1,500, up to 6 months in county jail, or both, and a third or subsequent offense a $1,500 fine and 30 days to 6 months in county jail. Theft of property exceeding $1,500 carries a fine up to $50,000, up to 10 years in state prison, or both, and theft exceeding $10,000 by embezzlement carries 1 to 10 years in state prison and a fine up to $50,000 (45-6-301(7), each subject to the exceptions that subsection lists).

How a Montana sentence is set

The judge sets the sentence within the offense statute. Section 46-18-201(3) lists the sentences a judge may impose, among them a fine, incarceration and commitment to the Department of Corrections; for a commitment under 46-18-201(3)(a)(iv)(A), "all but the first 5 years of the commitment to the department of corrections must be suspended, except as provided in 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), and 45-5-711." Section 46-18-201 sets no sentencing grid, so the statutory maximum is the outer limit, not the typical sentence.

Persistent felony offenders (46-1-202 and 46-18-502)

Under 46-1-202, a "persistent felony offender" is "an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies." The definition's limits:

• Two categories. The plain "persistent felony offender" definition (46-1-202(18)) excludes an offender who was on conditional release, felony probation or felony parole when the present felony was committed; that offender falls in the separate "persistent felony offender under supervision" category (46-1-202(19)).
• Plain category: at least one of the three felonies must be a sexual offense or a violent offense as defined in 46-23-502.
• Under supervision: "A third felony may not include criminal possession of dangerous drugs pursuant to 45-9-102, a fourth or subsequent offense of driving under the influence pursuant to 61-8-1002, or failure to register pursuant to Title 46, chapter 23" (46-1-202(19)(c)).
• For both, the priors count only if each was an offense "for which a sentence of imprisonment in excess of 1 year could have been imposed," less than 5 years have elapsed between the present offense and the most recent prior felony conviction or the offender's release on it, and the conviction has not been pardoned on the ground of innocence or set aside at a postconviction hearing.

The sentences are in 46-18-502:

"(1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense."

Subsection (2) raises the range to 10 to 100 years (or a fine up to $50,000, or both) when the offender was already a persistent felony offender at the time of the previous felony conviction, less than 5 years have elapsed since that conviction or release from it, and the offender was 21 or older. "Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended," and a subsection (2) sentence "must run consecutively to any other sentence imposed" (46-18-502(3)-(4)).

The prosecution must give notice, "Except for good cause shown," at or before the omnibus hearing; the notice must specify the alleged prior convictions and is kept from the jury before the verdict except as the Montana Rules of Evidence allow, and a contested allegation is decided at a hearing before the judge alone (46-13-108).

Mandatory life for repeat serious offenses (46-18-219)

Section 46-18-219(1)(a) provides that, except as subsection (3) provides, an offender convicted of deliberate homicide (45-5-102), aggravated kidnapping (45-5-303), sexual abuse of children (45-5-625), ritual abuse of a minor (45-5-627, except subsection (1)(b)) or aggravated sexual intercourse without consent (45-5-508), who was previously convicted of one of those offenses or of an offense under another state's or federal law that would be one of them if committed in Montana, "must be sentenced to life in prison, unless the death penalty is applicable and imposed."

Under subsection (1)(b), the same applies to an offender convicted of mitigated deliberate homicide, aggravated assault, strangulation of a partner or family member, kidnapping, robbery or child sex trafficking who was previously convicted of two offenses from either list (or equivalent offenses under another state's or federal law).

The terms are strict. Except as 46-23-210 and subsection (3) provide, the offender "shall serve the entire sentence," in prison, "may not be paroled," and "may not be given time off for good behavior or otherwise be given an early release for any reason" (46-18-219(2)). "The imposition or execution of the sentences prescribed by this section may not be deferred or suspended" (46-18-219(4)). Subsection (3) makes the section inapplicable where the offender's earlier sentences for the listed offenses were imposed under one of the 46-18-222 exceptions.

Separately, an offender convicted of sexual intercourse without consent who has a prior conviction for that offense (or an equivalent offense elsewhere), and who inflicted serious bodily injury on a person in the course of committing each offense, shall be punished by death as provided in 46-18-301 through 46-18-310, unless the offender was under 18 at the offense, or as 46-18-219 provides (45-5-503(3)(c)). In Kennedy v. Louisiana (2008), the U.S. Supreme Court held that the Eighth Amendment bars the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death. In Coker v. Georgia (1977), a case involving the rape of an adult woman, a plurality opinion of the Court concluded that "a sentence of death is grossly disproportionate and excessive punishment for the crime of rape and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment."

Minimum terms that cannot be deferred or suspended

Several statutes require prison time the judge may not defer or suspend:

• Deliberate homicide: the first 10 years, except as 46-18-222 provides (46-18-205(3)).
• Listed violent and sexual offenses: the first 2 years of a prison sentence for mitigated deliberate homicide (45-5-103(4)), aggravated assault, kidnapping (45-5-302(2)), aggravated kidnapping (45-5-303(2)), robbery (45-5-401(2)), sexual assault (45-5-502(3) and (4)), sexual intercourse without consent (45-5-503(2) and (3)) and aggravated sex trafficking, except as 45-9-202 and 46-18-222 provide (46-18-205(2)).
• Child victims 12 or younger: for sexual intercourse without consent (45-5-503(4)) and sexual abuse of children (45-5-625(4)) where the victim was 12 or younger (or, under 45-5-625(4), a person the offender believed to be 12 or younger) and the offender was 18 or older, the sentence is 100 years in state prison; the first 25 years may not be suspended or deferred except as 46-18-222(1) through (5) provide, and the offender is not eligible for parole during them. These sentences, and those under 45-5-507(5), 45-5-601(3) and 45-5-711, are outside 46-18-205 (46-18-205(4)).
• Victims under 16: the first 30 days of a prison sentence for sexual intercourse without consent, indecent exposure, incest or deviate sexual conduct, and the 46-18-222 exceptions do not apply to those 30 days (46-18-205(1)).
• Weapon enhancements: if the provisions of 46-1-401 have been complied with, a person who knowingly displayed, brandished or otherwise used a firearm, destructive device or other dangerous weapon while committing an offense (other than one in which use of a weapon is an element) receives an added 2 to 10 years in state prison, or 4 to 20 years for a second or subsequent offense, consecutive to the underlying sentence, with the minimums not deferrable or suspendable except as 46-18-222 provides (46-18-221). Under the same 46-1-401 condition, knowingly using or carrying a handgun loaded with armor-piercing ammunition during an offense in which bodily injury occurred or was attempted or threatened adds 5 to 25 years, consecutive and not suspendable except as 46-18-222 provides (46-18-224).
• Felony DUI: a DUI is a felony for a person with three or more prior convictions for DUI or the other offenses listed in 61-8-1008(1)(a), or with a prior conviction under 45-5-106 or 45-5-107. The sentence is 13 months to 2 years with the Department of Corrections for placement in a facility or program, followed by a 5-year state prison term that must be suspended, and a fine of $5,000 to $10,000; the alternative is up to 5 years in a treatment court program with the same fine range. For the first option, "the imposition or execution of the sentence may not be deferred or suspended, and the person is not eligible for parole" (61-8-1008(1)(b)). A person previously sentenced under 61-8-1008(1)(a) who is convicted of DUI again, with a prior conviction under 45-5-106 or four or more qualifying prior convictions, faces up to 10 years in state prison; a person previously sentenced at that tier faces up to 25 years, and after one or more sentences at the 25-year tier, 5 to 25 years with the first 5 years not suspendable. Each tier carries a $5,000 to $10,000 fine, and deferred imposition is unavailable at the 10-year and 25-year tiers (61-8-1008(2)-(4)).

Section 46-18-222 lifts many of these restrictions (mandatory minimums, the mandatory life sentence in 46-18-219 and listed deferral, suspension and parole restrictions) where the offender was under 18 at the offense; had significantly impaired mental capacity (not voluntary intoxication) short of a defense; acted under unusual and substantial duress; was a relatively minor accomplice; in a case where bodily injury is an element, inflicted no serious bodily injury and used no weapon (except for 45-5-706 and 45-5-711 offenses); or, for offenses under 45-5-502(3), 45-5-508 or 45-5-601(3), the judge finds from a psychosexual evaluation that treatment better serves rehabilitation and protection.

Can a felony become a misdemeanor in Montana?

Montana's definitions do some of this work on their own. Because 45-2-101 classifies by "the sentence imposed upon conviction," an offense whose statute allows either a county jail term or a state prison term of more than 1 year is a felony or a misdemeanor depending on the sentence the judge imposes. Montana's second sexual assault conviction is an example of a statute with a range that reaches above 1 year: "the offender shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both" (45-5-502(2)(b)).

Montana also allows a deferred imposition of sentence. Under 46-18-201(1)(a), after a guilty verdict or a guilty or nolo contendere plea, "a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i) not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or (ii) not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence." It is limited by prior record: "Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of an offender who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of the sentence was deferred, or execution of the sentence was suspended" (46-18-201(1)(b)).

Infractions and petty offenses in Montana

Section 45-2-101 defines an "offense" as "a crime for which a sentence of death or of imprisonment or a fine is authorized" and states that "Offenses are classified as felonies or misdemeanors." It defines no infraction, violation or petty-offense category. Traffic and other non-criminal violations outside the criminal code are beyond the scope of this page.

How long is probation in Montana?

Montana's probation takes the form of a deferred or suspended sentence under 46-18-201. The limits:

• Deferred imposition: up to 1 year for a misdemeanor and 3 years for a felony, or 2 years and 6 years if a financial obligation is imposed, except as otherwise specifically provided by statute (46-18-201(1)(a)).
• Suspended execution: "for a period up to the maximum sentence allowed or for a period of 6 months, whichever is greater, for each particular offense," except as subsection (2)(b) provides or as otherwise specifically provided by statute (46-18-201(2)(a)).
• Felony supervision limits: except as subsections (2)(b)(ii) and (2)(b)(iii) provide, a judge may not suspend a sentence in a way that results in Department of Corrections community supervision longer than 20 years for a sexual offender or for deliberate or mitigated homicide; 15 years for a violent offender, negligent homicide, vehicular homicide while under the influence, aggravated vehicular homicide under the influence, or drug distribution resulting in death; 10 years for the drug offenses listed in 46-18-201(2)(b)(i)(D); and "5 years for all other felony offenses" (46-18-201(2)(b)(i)).
• Longer terms for the 20-year tiers: the sexual-offender and homicide limits "do not apply if the sentencing judge finds that a longer term of supervision is needed for the protection of society or the victim," and the judge must state the reasons in the sentence and judgment (46-18-201(2)(b)(ii)).
• Theft with large restitution: by its text, 46-18-201(2)(b)(iii) also makes the subsection (2)(b)(i)(A) and (B) limits inapplicable to theft under 45-6-301 when the restitution ordered exceeds $50,000.

Deferral and suspension are unavailable for some sentences. Among them: a felony deferral for a person with a prior felony (46-18-201(1)(b)); the mandatory life sentences under 46-18-219; the first 5 or 10 years of a persistent felony offender sentence (46-18-502(3)); the minimum terms in 46-18-205, 46-18-221 and 46-18-224; the first 25 years of the 100-year sentences in 45-5-503(4) and 45-5-625(4); the felony DUI program sentence (61-8-1008(1)(b)); deferred imposition at the 10-year and 25-year felony DUI tiers (61-8-1008(2)-(3)); and the first 5 years of the 5-to-25-year tier, which may not be suspended (61-8-1008(4)). Most of these yield to the 46-18-222 exceptions described above; the 30-day minimum in 46-18-205(1) does not, and 46-18-222(6) does not apply to the 25-year terms in 45-5-503(4) and 45-5-625(4).

What happens if you violate probation in Montana?

Petition and hearing. On the filing of a petition for revocation showing probable cause that the offender violated a condition of the sentence, "the judge may issue an order for a hearing on revocation" (46-18-203(1)). The offender must be brought before the judge "Without unnecessary delay and no more than 60 days after arrest" and has "the right to be represented by counsel at the revocation hearing" (46-18-203(5)). At the hearing, "the prosecution shall prove, by a preponderance of the evidence, that there has been a violation" (46-18-203(7)(a)).

What the judge may do. If the judge finds a compliance violation, a noncompliance violation, or both, the judge may continue the sentence without change; continue a suspended sentence with modified or added conditions, which may include placement in a secure facility designated by the department, or in a community corrections facility or program, for up to 9 months; "revoke the suspension of sentence and require the offender to serve either the sentence imposed or any sentence that could have been imposed that does not include a longer imprisonment or commitment term than the original sentence"; or, if the sentence was deferred, "impose any sentence that might have been originally imposed" (46-18-203(8)(a)).

Consecutive terms and credit. "A sentence imposed upon revocation must run consecutively to any other previously existing sentence unless the suspended or deferred sentence that is being revoked ran concurrently to the previously existing sentence." On revocation the judge must consider elapsed time and credit the time served "without any record or recollection of violations," and "A district court, in its discretion, may deny elapsed time credit for a reasonable period of time related to a violation or multiple violations" (46-18-203(8)).

Compliance violations. A "compliance violation" is a violation of the conditions of supervision that is not a new criminal offense, possession of a firearm in violation of a condition of probation, stalking, harassing or threatening the victim or the victim's family or support network, absconding, or failure to enroll in or complete required sex offender or violent offender treatment (46-18-203). At an informal probation violation intervention hearing, a hearings officer who finds a violation by a preponderance of the evidence "shall consult the incentives and interventions grid," and the responses include ordering the probationer to serve, or receive credit for serving, "up to 30 days in detention," and directing the probation and parole officer to petition for revocation "if the violation is not a compliance violation or if it is a compliance violation and appropriate responses under the incentives and interventions grid have been exhausted" (46-23-1015(3)).

Recent changes

The 2025 Legislature amended several of the sections on this page; the text quoted here is the 2025 Montana Code Annotated.

• Definitions: 2025 Chapter 583 (S.B. 19), effective July 1, 2025, amended 45-2-101 by revising the definition of "common scheme." The felony and misdemeanor definitions still turn on the sentence imposed. The act's title also describes it as "GENERALLY REVISING SENTENCING LAWS FOR THEFT" and "RAISING THE PENALTY THRESHOLDS," and it amended 45-6-301 and other property-offense sections; the theft figures above are from the current text.
• Revocation credit: 2025 Chapter 498 (H.B. 582), titled in part "ALLOWING THE DISTRICT COURT TO DENY ELAPSED TIME CREDIT FOR REVOCATION PROCEEDINGS REGARDING MULTIPLE VIOLATIONS," amended 46-18-201, 46-18-203 and 46-18-403.
• Other amendments: 2025 Chapters 324 (H.B. 612), 356 (S.B. 70) and 624 (S.B. 552) amended 46-18-203; Chapter 226 (H.B. 267), which created the crime of aggravated vehicular homicide while under the influence, amended 46-18-201 and 61-8-1008; Chapter 509 (H.B. 712), a restitution act, amended 46-18-201; and Chapter 602 (S.B. 348) amended the sexual assault statute, 45-5-502. Chapter 264 also amended 61-8-1008, and Chapters 102, 484, 602 and 657 amended 46-23-502, which defines the sexual and violent offenses used in 46-1-202 and 46-18-201.

Related legal issues in Montana

Each offense statute sets its own penalty, and the sentence imposed decides the label. The Montana theft laws page explains how theft is graded by value and prior offenses, and the Montana assault and battery laws page covers the assault offenses. For clearing an old record, see Montana expungement laws, and for what a life term means, see the Montana life sentence page.

Federal gun law uses its own line. 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Montana theft laws
• Montana assault and battery laws
• Montana expungement laws
• Montana life sentence
• Wyoming felony and misdemeanor classes
• North Dakota felony and misdemeanor classes

This article provides general legal information about how Montana statutes classify and punish offenses, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Montana.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Montana?

Under Mont. Code Ann. 45-2-101, a felony is an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year. A misdemeanor is an offense punished by county jail, a fine, or both, or by state prison for 1 year or less, so the sentence actually imposed decides the label.

What are the felony classes in Montana?

Montana has no felony classes. Section 45-2-101 says offenses are classified as felonies or misdemeanors, and each offense statute sets its own penalty; if an offense is designated a felony and no penalty is otherwise provided, the court may impose up to 10 years in state prison, a $50,000 fine, or both (46-18-213).

What is the maximum penalty for a misdemeanor in Montana?

When no penalty is otherwise provided, a Montana misdemeanor carries up to 6 months in county jail, a fine of up to $500, or both (46-18-212). Many misdemeanor statutes set their own penalty instead; a first sexual assault conviction, for example, carries a fine up to $1,000 or up to 1 year in county jail, or both, except as 45-5-502(3) and (4) provide.

Does Montana have infractions or petty offenses?

Section 45-2-101 defines an offense as a crime for which a sentence of death or of imprisonment or a fine is authorized and says offenses are classified as felonies or misdemeanors; it defines no third category. Traffic and other non-criminal violations outside the criminal code fall outside the scope of this page.

Can a felony become a misdemeanor in Montana?

Section 45-2-101 classifies an offense by the sentence imposed upon conviction, so an offense whose statute allows either county jail or a state prison term of more than 1 year is a felony or a misdemeanor depending on the sentence the judge imposes. Separately, a judge may defer imposition of sentence under 46-18-201(1), but not in a felony case for a person with a prior felony conviction, except as 46-18-222 provides.

Does Montana have a three-strikes law?

Montana has two general repeat-offender statutes, and several offense statutes (including DUI, theft, sexual assault and sexual intercourse without consent) carry their own repeat-offense penalties. The persistent felony offender statute (46-1-202, 46-18-502) applies to a third felony after two prior felonies, subject to the 5-year and other limits in 46-1-202 (for an offender not under supervision, at least one of the three must be a sexual or violent offense), and sets 5 to 100 years for an offender 21 or older. Section 46-18-219 requires life without parole for a repeat of listed serious offenses, unless the death penalty is applicable and imposed.

How long is probation in Montana?

A deferred sentence may run up to 1 year for a misdemeanor or 3 years for a felony (2 or 6 years with a financial obligation), and a suspended sentence up to the maximum sentence allowed or 6 months, whichever is greater (46-18-201(1)-(2)). Supervision on a suspended felony sentence generally may not exceed 5 years, but listed drug, violent, homicide and sexual offenders face limits of 10, 15 or 20 years, and the 20-year limits do not apply if the judge finds a longer term is needed to protect society or the victim.

What happens if you violate probation in Montana?

After a petition and hearing, if the prosecution proves a violation by a preponderance of the evidence, the judge may continue the sentence, modify it (including up to 9 months in a secure facility or community corrections), or revoke it and impose the sentence imposed or any sentence that could have been imposed without a longer term than the original (46-18-203(7)-(8)). For many compliance violations, a hearings officer first applies the incentives and interventions grid (46-23-1015).