Unlike other states Montana does not have classifications for its
felony offenses. Instead Montana breaks each felony offense into
different statutes for punishments and convictions. The felony of
deliberate homicide can have the maximum punishment of death, unless
the individual is under the age of eighteen at the time that the crime
was committed. Deliberate homicide is also punishable by life in a
state prison or by imprisonment for no less than ten years and no more
than one hundred years, unless certain limited exceptions apply. Fines
can also accompany this conviction to pay for reputable damages.
Vehicular homicide while under the influence is classified as a felony
conviction. Under Montana law vehicular homicide while under the
influence can result in imprisonment for no more than thirty years in a
state prison. A fine of no more than fifty thousand dollars can
accompany or replace a prison sentence.
Robbery can be determined as either a misdemeanor or a felony and
depends on the circumstances of the crime. If a deadly weapon is used
in the robbery, the conviction will most likely be a felony conviction.
Punishment for felony robbery includes incarceration in a state prison
for no less than two years and no more than forty years. A fine of no
more than fifty thousand dollars may replace a prison sentence or be
given in addition to a prison sentence. Arson is considered a felony in
nearly every state and is in the state of Montana. Punishments for
arson can include a fine of no more than fifty thousand dollars with or
without a prison sentence of no more than twenty years in a state
Assault, like robbery, can be considered a misdemeanor or a felony
depending on the terms of the crime. When using a deadly weapon, such
as a knife or a firearm, with the intent to harm another individual,
the crime is consider felonious and called aggravated assault. Along
with murder, aggravated assault is one of the more severe felonies in
Montana. Aggravated assault is punishable by no more than twenty years
in a state prison. A fine of no more than fifty thousand dollars can
accompany or replace a prison sentence. Kidnapping is also a felony
statute of severe consequences. Kidnapping in the state of Montana is
punishable by no less than two years and no more than ten years in a
state prison with or without a fine of no more than fifty thousand
dollars, expect in limited exceptions.
Felony records are often not allowed to be expunged in most states, but
in Montana felony expungement is possible in specific circumstances. A
felony record may be expunged if it is a juvenile or adult conviction
of sexual or violent criminal offense that was later reversed. Adult
felony convictions of reversal and other youth adjudications of sexual
or violent crimes can have DNA records expunged for the related crimes.
Montana does have statute of limitations for its felonies that include
no limitation for deliberate, negligent, or mitigated homicide and five
years for other felonies with the exception of sexual crimes.