Montana Felony: Laws, Penalties, Sentencing, and Records

In Montana, a felony is a serious crime with sentences ranging from more than one year to life in prison in a state prison or even the death penalty. Unlike some states, Montana does not categorize felonies into letter or number classes. Instead, each felony has its penalties set by law.

What Is Considered a Felony in Montana?

Felonies in Montana are defined under the Montana Code Annotated (MCA, Title 45 – Crimes). Common Montana felonies include:

• Violent Crimes: Murder, manslaughter, aggravated assault, rape, robbery, kidnapping.
• Drug Crimes: Manufacturing, distribution, and trafficking of controlled substances.
• Property Crimes: Arson, burglary, theft of property worth $1,500 or more, auto theft.
• White-Collar Crimes: Fraud, embezzlement, forgery, identity theft.
• Weapons Offenses: Felon in possession of a firearm, unlawful discharge, or use of weapons during crimes.

Misdemeanors can turn into felonies based on how severe the crime is. For example:

• Theft that exceeds $1,500 is classified as a felony, whereas theft below that amount is typically considered a misdemeanor.
• Assault can be charged as felony aggravated assault if it results in serious injury or if a deadly weapon is used.

What Is a Felony in Montana?

In Montana, a felony is defined as any crime that can lead to a punishment of over a year in the custody of the Montana Department of Corrections. On the other hand, misdemeanors are offenses that result in jail time of less than a year.

Consequences of being convicted of a felony in Montana include:

• Prison sentences ranging from 1 year to life.
• Fines up to $50,000 or higher for certain felonies.
• Loss of rights, including the right to vote while incarcerated.
• Permanent criminal record, which impacts employment and housing opportunities.

Felony Penalties in Montana

Montana does not categorize felonies into formal classes. Instead, penalties are set individually by statute.

Examples of Montana Felony Penalties

• Deliberate Homicide: Deliberate homicide in Montana attracts a death penalty or life imprisonment
• Mitigated Deliberate Homicide: Anyone convicted of this offense faces up to 40 years in prison.
• Manslaughter: In Montana, manslaughter can lead to a prison sentence of 20 years or more.
• Sexual Intercourse Without Consent (Rape): This type of offense attracts a 4-year prison sentence.
• Aggravated Assault: Anyone convicted of aggravated assault faces up to 20 years in prison.
• Burglary: Burglary can result in 20 years imprisonment or more.
• Theft over $5,000: In Montana, theft of over $5,000 can lead to a prison sentence of 10 years or more.
• Drug Trafficking: Penalties for drug trafficking vary depending on drug type and quantity. However, these types of offenses have mandatory minimums.

Felony Sentencing Guidelines in Montana

Montana sentencing is shaped by statutory mandates, judicial discretion, and guidelines designed to promote justice and fairness.

Key Sentencing Factors

1. Statutory Penalties: Each felony offense has a mandatory minimum and maximum sentence.
2. Mandatory Minimums: This refers to the minimum prison sentence for each category of felony convictions.
3. Aggravating Factors: These are factors that can increase the severity of a felony sentence. For instance, the use of deadly weapons can increase an offender's sentence.
4. Mitigating Factors: Mitigating factors are conditions that can reduce the severity of a felony sentence. For instance, a court may reduce a sentence because the party only had limited involvement in the crime.
5. Habitual Offender Enhancements: Montana’s persistent felony offender law allows extended sentences for repeat offenders.
6. Probation and Parole: Certain offenders, especially those charged with nonviolent offenses, may qualify for probation. Parole eligibility is determined by the Montana Board of Pardons and Parole.

Felony Laws and Procedures in Major Montana Cities

Billings (Yellowstone County)

Felony prosecutions in Billings are handled by the Yellowstone County District Court. The court oversees violent crime, property offenses, and drug trafficking cases. Records are available via the Yellowstone County Clerk of Court or the Montana Courts online system.

Missoula (Missoula County)

Felonies in Missoula are prosecuted in the Missoula County District Court. The court handles all drug-related and property crime cases in the district. Records can be accessed through the Missoula County Clerk’s Office.

Great Falls (Cascade County)

Felony cases in Great Falls are tried in the Cascade County District Court. The court handles a significant caseload of violent crimes and burglaries. Records are available through the Cascade County Clerk or statewide systems.

How to Search for Felony Records in Montana

Montana provides public access to felony records through courts and law enforcement agencies.

1. Montana Courts Online Case Search

The Montana Courts case search portal allows the public to look up felony case information by name or case number. Records typically include:

• Case number and docket entries.
• Charges and filing details.
• Court location.
• Sentencing and dispositions.

2. District Court Clerk’s Offices

Certified felony case files must be requested directly from the Clerk of the District Court in the county where the case was prosecuted.

3. Montana Department of Justice – Division of Criminal Investigation (DCI)

The Montana Department of Criminal Investigation maintains statewide criminal history records, including felony convictions. Fingerprint-based background checks are available for employers, licensing boards, and individuals.

4. Local Police and Sheriff’s Departments

Law enforcement agencies maintain arrest and incident records. Requests can be submitted under Montana’s Public Records Law, though pending investigations may be restricted.

5. Third-Party Background Checks

Private services provide access to felony records, but official court and DCI sources are the most reliable.

Open vs. Sealed Records

• Open Records: The majority of felony convictions are public information.
• Expungement/Sealing: In Montana, you are more likely to expunge misdemeanors than felony convictions. Under state law, violent crimes, sex offenses, and serious drug felonies cannot be expunged.

Why Understanding Felonies in Montana Matters

Felony convictions in Montana can change a person's life in many ways beyond just jail time and fines. They can take away rights, make it harder to find jobs, and impact housing and professional licenses. Therefore, it is always in your best interest to understand the laws governing felonies in Montana, including sentencing procedures and procedures for accessing records.

In Montana, felonies are categorized by law instead of class levels. Penalties can range from 1 year to life in prison or even the death penalty. Sentencing is influenced by legal ranges, laws for repeat offenders, and various factors that can either increase or decrease penalties.

Felony records can be accessed through the Montana Courts portal. Alternatively, you can contact your district court clerk or visit theMontana Department of Justice website for felony records.