Montana Criminal Laws

Montana’s Criminal Code (MCA 45-3) defines criminal offenses to be tried in the Montana courts. This is part of the criminal procedure laid out in the Montana Constitution.

The Montana legislature is charged with creating and updating criminal statutes. Law enforcement arrests those who transgress state laws. The Montana Supreme Court hears appeals of rulings by lower courts. These various elements work together to keep Montanans safe and protected.

Whether you’re interested in a specific criminal offense or learning more about how Montana’s criminal justice system works, FindLaw’s Montana Criminal Laws section has you covered. We’ll take a look at crime categories, how offenses are classified, Montana’s gun control laws, and the stand-your-ground laws. In addition, links to dozens of articles on criminal offenses are available below.

Montana Criminal Offense Classifications

Like many other states, Montana uses felonies and misdemeanors to classify criminal offenses. Felonies are more serious offenses like homicide, rape, and aggravated assault. Felony convictions are punishable by prison terms of at least one year. Misdemeanors are lesser offenses but can still impose jail time of up to a year. Both may include fines as part of a sentence.

Instead of using classes or degrees to denote severity levels, each criminal offense contains the basic range for sentencing and fines. The incarceration period is subject to sentence modifiers. Added elements of a hate crime during a criminal act add two to ten years to the sentence, for example. A persistent felony offender faces penalties that increase in harshness.

Let’s use assault as an example to show the difference between a misdemeanor and a felony. A basic assault charge is a misdemeanor that carries up to six months in county jail and a fine of up to $500. Aggravated assault is a felony with penalties of up to 20 years in state prison and a fine of up to $50,000.

Filing a criminal charge in Montana is subject to the state’s statutes of limitations. This means there’s a time limit for bringing charges. For most felonies, the statute of limitations is five years. It’s within one year for misdemeanors. Some sex crimes have up to 10 years to bring charges. There’s no statute of limitations on homicide.

Montana’s Stand-Your-Ground Laws, Self-Defense, and Gun Control

Under Montana law, you have no duty to retreat or summon law enforcement when facing threatened force or violence. This is also true if confronted in your home under the castle doctrine. As long as a person doesn’t become the aggressor in a conflict, self-defense is considered justifiable and an affirmative defense.

Montana also has extremely permissive gun laws. Montana residents have the most firearms per capita in the United States. There is no waiting period or universal background checks for purchasing firearms. Concealed carry is permitted.

Types of Criminal Offenses

The Montana Criminal Code of the Montana Code Annotated places specific criminal offenses into categories of similar crimes. This makes it easier to find and compare similar types of transgressions. The categories are as follows:

• Chapter 1. General Preliminary Provisions

• Chapter 2. General Principles of Liability

• Chapter 3. Justifiable Use of Force

• Chapter 4. Inchoate Offense

• Chapter 5. Offenses Against the Person

• Chapter 6. Offenses Against Property

• Chapter 7. Offenses Against Public Administration

• Chapter 8. Offenses Against Public Order

• Chapter 9. Dangerous Drugs

• Chapter 10. Model Drug Paraphernalia Act

When facing any criminal charges that threaten fines or incarceration, getting legal assistance is a necessity. Consider speaking with a Montana criminal defense attorney for legal advice.

Legal Issues in Montana? An Attorney Can Help

Facing criminal charges in a Montana district court is intimidating. Montana statutes are often confusing. If knowledge of the law isn’t one of your strengths, it’s time to get an expert on your side. A Montana criminal defense lawyer can access legal resources and put their knowledge of how local government works to your advantage.