Criminal Defense

Felony Defense in Montana

A felony charge puts your freedom, your rights, and your future on the line. The defense you choose now will shape the rest of your life.

Written & reviewed by

Misty Gaubatz & Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Misty GaubatzLast reviewed: June 19, 2026

A felony charge is one of the most serious things you can face. It threatens your freedom, your civil rights, and your ability to build a future, and the consequences can follow you long after any sentence is served. Whatever the charge, the most important decisions happen early. At A&M Law, we bring a combination most firms can't: Misty Gaubatz's federal-court background and Ashley Hurlbert's record of 50+ trials as lead counsel.

How Montana Defines a Felony

Under MCA § 45-2-101, a felony is any offense punishable by death or by imprisonment in the Montana State Prison for a term exceeding one year. Everything else is a misdemeanor. Importantly, Montana does not use the Class A/B/C felony system found in some states. Instead, each individual criminal statute sets out its own penalty range. That means the exposure for a felony depends entirely on the specific charge.

The Real Cost of a Felony Conviction

Prison is only part of it. A felony conviction can cost you the right to possess firearms, restrict your voting rights while incarcerated, bar you from certain jobs and professional licenses, and appear on background checks indefinitely. For many clients, these collateral consequences are the most life-altering part of the case, and a central reason to fight rather than simply accept a plea.

Why Early Action Changes Outcomes

The strongest felony defenses often begin beforecharges are even filed. If you know you're under investigation, the worst thing you can do is try to talk your way out of it. Anything you say can be used against you. Bringing in an attorney early lets us protect your rights, manage contact with investigators, preserve favorable evidence, and sometimes influence whether charges are filed at all.

How A&M Law Defends Felony Cases

We dissect the State's case from every angle: the legality of searches and the stop, the strength of the evidence, the reliability of witnesses, and whether the prosecution can actually meet its burden. From there we pursue the best available path: suppression, dismissal, reduction to a misdemeanor, a deferred sentence, or acquittal at trial. With our combined federal and trial experience, we prepare every felony case to be won, not just managed.

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FAQ

Frequently Asked Questions

What makes a charge a felony in Montana?

Under MCA § 45-2-101, a felony is any crime for which a sentence of death or imprisonment in the Montana State Prison for any term exceeding one year could be imposed. Anything punishable by one year or less is a misdemeanor. Unlike some states, Montana doesn't sort felonies into Class A/B/C, each offense statute states its own maximum penalty.

What are the consequences of a felony conviction beyond prison?

A felony conviction can strip you of the right to possess firearms, affect your voting rights while incarcerated, create lifelong barriers to employment and professional licenses, and surface on every background check. These collateral consequences often outlast any sentence, which is why a felony charge must be taken seriously from day one.

Can a felony be reduced to a misdemeanor?

Sometimes. Depending on the offense and the evidence, we may negotiate a reduction to a misdemeanor, pursue a deferred imposition of sentence that can ultimately keep a conviction off your record, or challenge the charge outright. The earlier we're involved, the more options tend to be available.

Why does federal-court experience matter?

Some serious cases involve, or risk crossing into, federal jurisdiction, and federal court operates very differently from state court. Misty Gaubatz clerked for a U.S. District Judge in the District of Montana, giving her firsthand insight into how federal cases are handled that benefits clients facing exposure on either front.

Should I talk to the police if I'm under investigation?

Generally, no, not without a lawyer. Anything you say can be used against you, and felony investigations are often built on statements people give before they understand their exposure. Politely decline to answer questions and call an attorney. Early representation, even before charges are filed, can shape the entire case.

Facing a Felony? Get a Serious Defense.

Your future is worth protecting. Call 406-830-3060 for a free, confidential consultation today.

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