What is the maximum sentence for domestic violence in Montana?

Under Mont. Code Ann. § 45-5-206 (Misdemeanor (first/second); Felony (third+)), Montana domestic violence carries a maximum sentence of 1 year (first); 1 year (second); 5 years (third+) and a maximum fine of $1,000 (first); $1,000 (second); $50,000 (third+).

Does Montana have a mandatory minimum for domestic violence?

Yes. Montana imposes a mandatory minimum of 24 hours (first); 72 hours (second) for domestic violence. This applies unless an exception or diversion program is available.

What factors enhance a domestic violence charge in Montana?

In Montana, domestic violence penalties can be enhanced by: Third or subsequent offense (felony); Aggravated partner assault with weapon (§ 45-5-206(2) — felony, 2–20 years); Strangulation (felony under § 45-5-215).

Montana Domestic Violence Law

Montana Domestic Violence Defense

What you're facing under Mont. Code Ann. § 45-5-206, how the penalties scale, and the questions your attorney needs to answer, specific to Montana (MT) domestic violence law.

Offense Class

Misdemeanor (first/second); Felony (third+)

Maximum Penalty

1 year (first); 1 year (second); 5 years (third+)

Maximum Fine

$1,000 (first); $1,000 (second); $50,000 (third+)

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Mandatory Minimum

Montana imposes a mandatory minimum of 24 hours (first); 72 hours (second) for this charge. Charge reductions or alternative sentencing are questions worth raising before the plea is entered.

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Federal Firearms Prohibition (Lautenberg Amendment)

A conviction for misdemeanor domestic violence in Montana carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to Montana state penalties and applies regardless of the state sentence imposed.

Penalty Range in Montana

StatuteMont. Code Ann. § 45-5-206 — Partner or Family Member Assault

Minimum Penalty

Maximum Penalty1 year (first); 1 year (second); 5 years (third+)

Maximum Fine$1,000 (first); $1,000 (second); $50,000 (third+)

Charge Enhancements

These factors can elevate the charge or penalty in Montana:

Third or subsequent offense (felony)
Aggravated partner assault with weapon (§ 45-5-206(2) — felony, 2–20 years)
Strangulation (felony under § 45-5-215)

Montana-Specific Detail

Montana has specific partner/family member assault statutes. Third offense within any time period becomes a felony. Batterers' treatment program commonly ordered.

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Important: This page provides legal INFORMATION about Montana domestic violence law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.