Montana Domestic Violence Guide

Deferred and Suspended Sentences for PFMA in Montana

A deferred imposition of sentence can end in a dismissed charge. It still begins with a finding of guilt, and it is not automatic at either end.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: September 23, 2026

Key Takeaways: Deferred and Suspended Sentences for PFMA in Montana

Montana judges may defer imposition of sentence or suspend execution of sentence, except as otherwise specifically provided by statute (MCA § 46-18-201(1)(a) and (2)(a)).
The PFMA statute sets minimum fines and jail terms. As written, it contains no sentence expressly forbidding a deferred or suspended sentence. How the minimums are applied is a question for your lawyer and the court.
A deferred imposition follows a guilty plea or verdict. It is not the same as a dismissal at the start.
For a misdemeanor, dismissal after the deferral period requires a motion, and the court may grant it (MCA § 46-18-204(1)(b)).
After dismissal, the records become confidential criminal justice information (MCA § 46-18-204(2)).
In a felony case, a person with a prior felony conviction generally cannot receive a deferred imposition (MCA § 46-18-201(1)(b)).

Montana's general sentencing statute allows a judge to defer imposition of a sentence or to suspend its execution, and the partner or family member assault (PFMA) statute, as written, does not expressly forbid either. A deferred imposition that is completed can end with the charge dismissed and the records made confidential. It is not automatic, it starts with a finding of guilt, and it does not answer every question about firearms or future charges. This page is part of our Montana Domestic Violence Guide.

Deferred Versus Suspended: Two Different Things

Type	What it is	How long	MCA
Deferred imposition	The judge finds guilt but puts off imposing a sentence for a set period, with conditions.	Up to 1 year for a misdemeanor, or up to 2 years if a financial obligation is imposed. Up to 3 years for a felony, or up to 6 with a financial obligation.	§ 46-18-201(1)(a)
Suspended execution	The judge imposes a sentence but suspends carrying out all or part of it, with conditions.	Up to the maximum sentence allowed for the offense or 6 months, whichever is greater.	§ 46-18-201(2)(a)

Both are available only after a person "has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere" (MCA § 46-18-201(1)(a) and (2)(a)). The practical difference is at the end. A completed deferred imposition can lead to dismissal under MCA § 46-18-204. A suspended sentence is a sentence, and completing it does not trigger that dismissal statute.

What the PFMA Statute Says About Minimums

Both powers in § 46-18-201 are subject to the phrase "except as otherwise specifically provided by statute." So the question is whether the PFMA statute provides otherwise.

MCA § 45-5-206(3)(a) says a first offender "shall be fined an amount not less than $100 or more than $1,000 and be imprisoned in the county jail for a term not to exceed 1 year or not less than 24 hours." A second offense carries a fine of $300 to $1,000 and jail of 72 hours to 1 year. A third or subsequent conviction carries a fine of $500 to $50,000 and imprisonment of 30 days to 5 years.

That subsection sets floors. It does not include a sentence stating that the penalty may not be deferred or suspended. The statutes we read do not explain in so many words how the 24-hour, 72-hour, and 30-day minimums apply when a court defers or suspends, and we are not going to guess. It is a point to raise with your lawyer, who will know how the court handling your case treats it. See the PFMA penalties chart.

Conditions During the Deferral

When deferring or suspending, a judge may impose any reasonable restrictions or conditions (MCA § 46-18-201(4)). The listed examples include jail of up to 180 days, conditions for probation, fines and costs, community service, and, where alcohol or drugs contributed to an offense involving domestic abuse, the 24/7 sobriety and drug monitoring program (MCA § 46-18-201(4)(b), (c), (j), and (n)).

PFMA adds requirements of its own. A person convicted of PFMA must pay for and complete a counseling assessment and at least 40 hours of counseling (MCA § 45-5-206(4)), and the court must order payment of the victim's reasonable actual medical, housing, wage loss, and counseling costs (MCA § 45-5-206(5)). Restitution is required whether or not any part of the sentence is deferred or suspended (MCA § 46-18-201(5)). See the PFMA counseling requirement.

Dismissal After a Deferred Imposition

MCA § 46-18-204 governs what happens when the deferral period ends. For a misdemeanor, "upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed" (subsection (1)(b)). For a felony, the court "shall" do so, provided a petition for revocation has not been filed (subsection (1)(a)).

After the charge is dismissed, "all records and data relating to the charge are confidential criminal justice information," and public access is available only by district court order on good cause shown (MCA § 46-18-204(2)). Our page on dismissal after a deferred sentence walks through that step.

What a Deferral Does Not Settle

A dismissed deferred case is better for a record than a standing conviction, but be careful about assuming more than the statute says.

Firearms. Federal law has its own definition of when a person is treated as convicted of a misdemeanor crime of domestic violence, with an exception for convictions that have been expunged or set aside (18 U.S.C. § 921(a)(33)(B)(ii)). How a Montana deferral fits is covered in deferred sentences and gun rights. Whether the offense meets the federal definition at all is a separate step: the Ninth Circuit held in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), that the bodily injury form of PFMA, § 45-5-206(1)(a), does not, and it did not decide the other subsections (see does a Montana PFMA count under federal law). Do not possess a firearm on an assumption.
A later PFMA charge. The PFMA statute counts prior convictions to raise the penalty (MCA § 45-5-206(3)(b)). See how prior convictions count.
Immigration. Whether a deferred case counts against a noncitizen is a question of federal immigration law, not of the Montana dismissal statute. A noncitizen needs an immigration lawyer's advice before agreeing to any deferral.

Limits and Revocation

In a felony case, imposition of sentence may not be deferred for a person who has been convicted of a felony on a prior occasion, with a narrow statutory exception (MCA § 46-18-201(1)(b)). That can matter for a felony third-offense PFMA.

A deferral can also be lost. A petition for revocation must be filed during the period of deferral or suspension, the person is entitled to a hearing, and the prosecution must prove a violation by a preponderance of the evidence (MCA § 46-18-203(2), (6), and (7)(a)). The safest course is to treat every condition, including any no contact provision, as strict. A deferral is often one term in a plea agreement, so it should be evaluated together with the charge you would be pleading to.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

Montana Domestic Violence Guide Domestic Violence Defense Jury Trial or Bench Trial Appealing a PFMA Conviction Speedy Trial and the 6-Month Rule The Alleged Victim's Role in Court

FAQ

Deferred and Suspended Sentences for PFMA in Montana FAQ

Can I get a deferred sentence for a first PFMA in Montana?

The general sentencing statute lets a judge defer imposition of sentence for up to 1 year for a misdemeanor, or up to 2 years if a financial obligation is imposed, except as otherwise specifically provided by statute (MCA § 46-18-201(1)(a)). The PFMA statute as written does not contain an express bar on deferral. Whether a deferral is offered or granted in a particular case is up to the prosecutor's position and the judge's discretion.

Do I still have to do the minimum jail time with a deferred sentence?

The PFMA statute says a first offender shall be imprisoned for not less than 24 hours and a second offender for not less than 72 hours (MCA § 45-5-206(3)(a)). The statutes we read do not spell out how those minimums interact with a deferred imposition, and time already served after arrest can matter. Ask your lawyer how the court handling your case applies them.

Is a deferred PFMA sentence a conviction?

During the deferral period you have been found guilty, and the case is not dismissed. If the court later allows the plea to be withdrawn or strikes the verdict and dismisses the charge, the records become confidential criminal justice information (MCA § 46-18-204). Whether the matter still counts for other purposes, such as federal firearm law or a later PFMA charge, is a separate legal question covered on our linked pages.

Is the dismissal automatic when the deferral period ends?

Not for a misdemeanor. The statute says that upon motion of the court, the defendant, or the defendant's attorney, the court may allow the plea to be withdrawn or strike the verdict and order the charge dismissed (MCA § 46-18-204(1)(b)). Someone has to ask, and the court has discretion. For a felony the statute uses the word shall, provided no petition for revocation has been filed.

What happens if I violate a condition of a deferred sentence?

The prosecutor can file a petition to revoke. The State must prove a violation by a preponderance of the evidence, a lower standard than at trial (MCA § 46-18-203(7)(a)). If a deferred imposition is revoked, the judge can then impose a sentence for the original offense.

Is a Deferred Sentence Possible in Your Case?

We can explain what a deferral would require and what it would and would not do for your record. Call 406-830-3060 for a confidential consultation.

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