Deferred and Suspended Sentences
MCA 46-18-201 — a sentence deferred up to 1 year for a misdemeanor or 3 for a felony, and fines only that can be paid
After a guilty verdict or plea, the judge may defer imposing the sentence for up to 1 year for a misdemeanor or 3 years for a felony, or 2 and 6 years when a financial obligation is a condition.
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.
- A felony sentence may not be deferred for someone with a prior felony conviction, apart from the narrow exception the law lists.
- The judge may instead suspend execution of the sentence for up to the maximum sentence or 6 months, whichever is greater.
A fine is imposed only if the person is or will be able to pay it, weighing the crime, the person's resources and the burden of paying. A felony fine may not exceed $50,000.
Sources for this section (2)
- MCA 46-18-201 — Sentences that may be imposed
- MCA 46-18-231 — Fines in felony and misdemeanor cases
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.