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Felony or Misdemeanor

MCA 45-2-101 — a felony is more than 1 year in state prison, and the default sentences are 6 months and $500, or 10 years and $50,000

A felony is an offense whose sentence is death or imprisonment in a state prison for more than 1 year. A misdemeanor is one punished by county jail, a fine, or both, or by state prison for 1 year or less.

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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

Montana does not sort crimes into classes. Each offense's own section sets its sentence, and where none is set:

  • MCA 46-18-212
  • MCA 46-18-213
Offense with no penalty of its ownUp to
Offense with no penalty of its ownA misdemeanorUp to6 months in the county jail, a $500 fine, or both
Offense with no penalty of its ownA felonyUp to10 years in the state prison, a $50,000 fine, or both
  • MCA 46-18-212
  • MCA 46-18-213
Sources for this section (3)
  1. MCA 45-2-101 — General definitions
  2. MCA 46-18-212 — When no penalty is specified
  3. MCA 46-18-213 — When no penalty is specified -- felony

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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