Yes. A Montana partner or family member assault (PFMA) charge can be dismissed, and it can be resolved by a plea to a different offense. Montana law provides several routes, and each one requires a decision by the prosecutor, the court, or both. None is guaranteed, and none depends on what the alleged victim wants. This page explains the routes and what each one changes. It is part of our Montana Domestic Violence Guide.
The Routes at a Glance
| Route | Statute | Who decides |
|---|---|---|
| Dismissal on the prosecutor's or court's motion | MCA § 46-13-401(1) | The court, in furtherance of justice |
| Dismissal for delay (misdemeanors) | MCA § 46-13-401(2) | The court, if trial is not held within 6 months of the plea and the delay was not at the defendant's request, unless good cause is shown |
| Dismissal for insufficient evidence at trial | MCA § 46-16-403 | The court, at the close of the State's evidence or of all the evidence |
| Pretrial diversion (deferred prosecution) | MCA § 46-16-130 | The prosecutor and the defendant, by written agreement |
| Plea to a lesser or related offense | MCA § 46-12-211 | The prosecutor and the defense agree; the court accepts or rejects |
Dismissal by the Prosecutor or the Court
MCA § 46-13-401(1) says the court may, "either on its own motion or upon the application of the prosecuting attorney and in furtherance of justice," order a complaint, information, or indictment dismissed. For a felony charge, good cause must be shown and the reasons set out in an order.
A dismissal can begin with the prosecutor, who concludes that the case cannot or should not go forward. Reasons can include a problem with proof of an element, a successful motion to suppress, evidence supporting justifiable use of force, or the unavailability of a witness. A defense lawyer's role is to bring those problems to the prosecutor's attention with evidence, and to raise them by motion where the law allows.
The same statute has a time limit for misdemeanors. After a plea is entered on a misdemeanor charge, the court, unless good cause to the contrary is shown, must dismiss with prejudice if a defendant whose trial has not been postponed on the defendant's own motion is not brought to trial within 6 months (MCA § 46-13-401(2)). See speedy trial in a misdemeanor PFMA.
Insufficient Evidence at Trial
If the case goes to trial, MCA § 46-16-403 allows the court to dismiss the action and discharge the defendant when, at the close of the prosecution's evidence or of all the evidence, the evidence is insufficient to support a finding or verdict of guilty. The court can act on its own motion or the defendant's. This is a ruling that the State did not present enough, which is different from a not guilty verdict by a jury, though the charge ends either way.
Pretrial Diversion
Montana's pretrial diversion statute lets a prosecutor and a defendant agree to defer a prosecution for a specified period on conditions (MCA § 46-16-130(1)(a)). The listed conditions include not committing any offense, staying away from specified activities and associations, taking part in a supervised rehabilitation program that may include treatment or counseling, and paying restitution.
The statute sets these requirements:
- The agreement must be in writing and signed, and the defendant waives the right to a speedy trial for the deferral period (§ 46-16-130(1)(b)).
- If the terms are met, the prosecution is automatically dismissed with prejudice when the agreement expires (§ 46-16-130(1)(d)).
- After a charge has been filed, a deferral may generally be entered into only after the prosecutor gives notice to the court (§ 46-16-130(3)).
- A prosecution for DUI or aggravated DUI may not be deferred (§ 46-16-130(4)).
PFMA is not named in that exclusion, so the statute does not forbid a diversion agreement in a PFMA case. That is the limit of what the statute tells you. Diversion is voluntary on the prosecutor's side, a prosecutor's office may have its own policy on domestic violence charges, and an agreement may include stipulations about evidence if it is later terminated. A violation of the terms puts the case back on track for trial.
A Plea to an Amended Charge
The plea agreement statute contemplates a plea "to a charged offense or to a lesser or related offense" in return for a concession by the prosecutor (MCA § 46-12-211(1)). In PFMA cases two alternatives that can come up are:
- Assault (MCA § 45-5-201): a fine of up to $500, up to 6 months in county jail, or both.
- Disorderly conduct (MCA § 45-8-101): for most forms, a fine of up to $100, up to 10 days in county jail, or both. See disorderly conduct instead of PFMA.
The prosecutor must agree to an amended charge, and the court decides whether to accept the agreement. Our page on plea agreements in PFMA cases explains that process.
What a Reduction Changes and What It May Not
Under Montana law the difference is concrete. A conviction for assault or disorderly conduct does not carry the PFMA minimum jail term or the PFMA counseling requirement in MCA § 45-5-206(3) and (4), and neither offense is on the list of convictions that count toward a second or third PFMA (MCA § 45-5-206(3)(b)).
Federal firearm law is a separate matter. The federal definition of a misdemeanor crime of domestic violence looks at the elements of the offense and at the actual relationship between the people, and the U.S. Supreme Court held in United States v. Hayes, 555 U.S. 415 (2009), that the relationship need not be an element of the offense of conviction. A change in the name of the charge does not by itself answer the federal question. The elements can also work in the other direction: in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury form of PFMA, MCA § 45-5-206(1)(a), does not meet the federal definition. It did not decide subsections (1)(b) or (1)(c), so the subsection named in a charge or a plea matters. Details are on does a Montana PFMA count under federal law. See the federal Lautenberg ban.
A deferred imposition of sentence is different from all of the above. It follows a guilty plea or verdict, and the charge may be dismissed later if the conditions are met (MCA §§ 46-18-201(1) and 46-18-204). See deferred sentences and PFMA.
What You Can and Cannot Do
You can follow every condition of release, keep your records, and give your lawyer what is needed to evaluate the defenses. You cannot improve your position by reaching out to the protected person. Asking that person to contact the prosecutor, to change a statement, or to skip court can violate a no contact order and can be charged as witness tampering.
Be cautious about anyone who promises a dismissal. The outcome depends on evidence and on decisions that belong to other people.
This page explains Montana and federal law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.