State Laws

Montana Felony

     

Montana Felonies
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 facility.

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.

Montana Expungement
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.

See also:
Montana Gun Laws
Montana Divorce
Montana Bankruptcy Laws
Montana Misdemeanors External link (opens in new window)
Montana Expungement External link (opens in new window)