Montana State law

Note on this entry

First 2 years of an aggravated-assault sentence may not be deferred or suspended (§ 46-18-205). Neither penalty was quoted from an official source in session — both need official re-check.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

The § 45-5-201 penalty (up to 6 months / $500) is the standard Montana misdemeanour penalty but was not quoted from an official source in session — needs official re-check. Assault on a peace officer/judicial officer (§ 45-5-210), assault on a minor (§ 45-5-212) and assault on a sports official (§ 45-5-211) carry enhanced penalties.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Third-tier text is from older MCA pages on leg.mt.gov/mca.legmt.gov; the 2025 Justia snippet confirmed the 1st/2nd tiers but was truncated before the 3rd tier — needs official re-check against the current section. Offenders must also complete a counselling assessment and at least 25 hours of counselling (§ 45-5-206(4)). Strangulation of a partner or family member (§ 45-5-215) is a separate felony and is not tiered here.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, no-contact orders, federal firearms ban (18 U.S.C. § 922(g)(8)-(9)).. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

No penalty text for §§ 45-5-103/45-5-104 was read in session; tiers are from FindLaw/Wikipedia summaries and need official re-check.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, mitigation findings.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

First 10 years of a deliberate-homicide sentence may not be deferred or suspended (§ 46-18-205). The death penalty remains on the books but Montana has carried out no execution since 2006 and lethal-injection practice has been suspended since a 2015 court ruling (FindLaw). No fine is stated for deliberate homicide.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, aggravating/mitigating factors.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

§ 45-5-503 tiers verified from the official MCA 2025 text on leg.mt.gov. § 45-5-502 tiers are from a 2015 mtjuris mirror and need official re-check against the current section.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, sex-offender registration.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Burglary requires entry/remaining unlawfully in an occupied structure with purpose to commit an offence (or committing an offence inside). Aggravated burglary requires being armed with explosives/a weapon, or inflicting/attempting to inflict bodily injury. Tiers quote MCA text via a secondary flashcard source — needs official re-check.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

First 2 years of a robbery sentence may not be deferred or suspended (§ 46-18-205). Tier is from a secondary legal guide quoting MCA § 45-5-401 — needs official re-check.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, weapon enhancements.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

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CONFLICT: a Justia 2025 snippet of § 45-9-301/45-6-301 suggests a $5,000 threshold tier (theft over $5,000: fine up to $10,000 / up to 10 years). The mtjuris MCA 2025 text used here grades felony theft at over $1,500 (fine up to $50,000 / up to 10 years). The conflict needs official re-check before reliance. Amounts from a common scheme/transaction may be aggregated.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, restitution, forfeiture.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, restitution.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Fraud tiers follow the theft grading in § 45-6-301 (see theft entry, including the $1,500/$5,000 threshold conflict). Forgery (§ 45-6-325: up to 20 years / $50,000 per secondary summaries) and sector-specific frauds are not tiered here.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, restitution, sector-specific fraud statutes.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Adults 21+ may lawfully possess up to 1 oz of marijuana / 8 g of concentrate under Title 16, chapter 12 (Montana Marijuana Regulation and Taxation Act) — possession within those limits is lawful and is not tiered here. Quantity-based felony tiers for opiates/fentanyl in § 45-9-102(4) exist but were not verified in session. All tiers below are from secondary summaries of § 45-9-102 and need official re-check.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, treatment-diversion options.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Distribution tiers are from secondary summaries and need official re-check against the current § 45-9-101. First 2 years of a distribution/possession-with-intent sentence generally may not be deferred or suspended (§ 46-18-205). Distribution on/near school property carries its own 3-years-to-life tier (§ 45-9-109).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, precursor offences.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Montana's felon-possession offence is narrow: it applies only to persons convicted of a felony for which they received an additional weapon sentence under § 46-18-221, an equivalent out-of-state/federal offence, or a felony requiring sexual/violent-offender registration. Montana is a constitutional-carry state (HB 102, 2021); lawful carry by non-prohibited persons is not an offence. Weapon enhancement § 46-18-221 adds 2–10 years (consecutive, non-suspendable) for offences committed with a dangerous weapon.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, federal firearms law.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

No penalty text for the Montana DUI sections was read in session; all tiers are from standard secondary summaries and need official re-check against the current MCA (DUI provisions were recodified in 2021 at Title 61, chapter 8, part 10 — §§ 61-8-1001 et seq.; the older § 61-8-714 numbering may be superseded). Lookback period 10 years. Licence suspension/revocation, ignition interlock, chemical-dependency assessment and treatment are additional consequences.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, BAC level, refusal, plea, discretion, county variation, licence consequences.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation, federal computer-crime law.. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.