Montana Charges for Crimes by Felony Class

According to the Criminal Code of the State of Montana, a felony is defined as an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year.

Felony Sentencing and Convictions in Montana

The State of Montana does not classify its felony offenses; rather, the State statute defines each felonious offense and includes the punishment in each statutory provision.  The following provides several samples of felony crimes and the respective maximum sentences for each offense.

• Deliberate homicide: death, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years unless certain limited exceptions apply.
• Vehicular homicide while under influence: imprisonment in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both.
• Robbery: imprisonment in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except for limited exceptions.
• Arson: imprisonment in the state prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
• Aggravated assault: imprisonment in the state prison for a term not to exceed 20 years and may be fined not more than $50,000, unless limited exceptions apply.
• Kidnapping: imprisonment in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000, except for limited exceptions.

Montana Felony Records and Expungement

In the State of Montana, the only felony records which are subject to expungement are adult or juveniles convicted of violent or sexual criminal offense which are later reversed.  In addition, adults convicted of felonies which are subsequently reversed, or youths adjudicated for sexual or violent crimes which are later reversed can have DNA records related to the crime expunged.

Montana Statute of Limitations for Felonies

The following statute of limitations applies to the prosecution of felony offenses in the State of Montana:

• No limitation:  deliberate, mitigated or negligent homicide
• 5 years: Other felonies, with the exception of those which are described below

View all Criminal Statute of Limitations in Montana

For the crimes of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, sexual or ritual abuse of child, if victim is under eighteen years old at the time of the offense, the case may be filed within five years of the victim attaining the age of eighteen.  In addition, for theft involving breach of fiduciary obligation or unlawful use of computer, the case must be filed within one year of the discovery of the offense.

Help from a Lawyer in Montana for a Felony

If one is charged with a felony in Montana, one should consider retaining an experienced criminal attorney as soon as possible.  An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights and guide one through the criminal process.