A third or subsequent conviction for partner or family member assault (PFMA) in Montana carries a term of 30 days to 5 years and a fine of $500 to $50,000 (MCA § 45-5-206(3)(a)(iv)). This is the level at which a PFMA can be punished by a state prison sentence, and it brings consequences that do not attach to a first or second conviction. This page is part of our Montana Domestic Violence Guide. The penalties chart compares all three levels.
What the Statute Provides
| Item | Third or subsequent offense | MCA |
|---|---|---|
| Minimum term | 30 days | § 45-5-206(3)(a)(iv) |
| Maximum term | 5 years | § 45-5-206(3)(a)(iv) |
| Fine | $500 to $50,000 | § 45-5-206(3)(a)(iv) |
| Where a term of 1 year or less is served | County jail | § 45-5-206(3)(a)(iv) |
| Where a term over 1 year is served | State prison | § 45-5-206(3)(a)(iv) |
| Counseling | Assessment and at least 40 hours | § 45-5-206(4) |
| Presentence investigation | Must be ordered for a violent offense | § 46-18-111(1)(d) |
| Registration | Listed as a violent offense | § 46-23-502(14)(a)(iv) |
The other parts of a PFMA sentence still apply: payment of the other person's reasonable actual medical, housing, wage loss, and counseling costs, the cost of probation if the person is financially able, and the court's authority over the firearm used in the assault (MCA § 45-5-206(5) to (7)).
The County Jail and State Prison Line
The statute draws the line itself: "If the term of imprisonment does not exceed 1 year, the person shall be imprisoned in the county jail. If the term of imprisonment exceeds 1 year, the person shall be imprisoned in the state prison."
That line matters for more than location. Montana's criminal code defines a felony as an offense in which the sentence imposed is death or imprisonment in a state prison for a term exceeding 1 year, and a misdemeanor as an offense for which the sentence imposed is county jail, a fine, or state prison for 1 year or less (MCA § 45-2-101(23), (42)). A third-offense PFMA is charged and handled as a felony-level case because of the sentence it can carry. The sentence actually imposed is part of what determines how the conviction is classified afterward. If that distinction could matter in your case, ask your lawyer about it directly. Our page on whether PFMA is a felony covers the question.
Department of Corrections Commitments
When a person is found guilty of an offense, Montana's general sentencing statute lists the kinds of sentence a judge may impose. Besides a term in a county detention center or the state prison, a judge may commit an offender to the Department of Corrections with a recommendation for placement in an appropriate correctional facility or program, and all but the first 5 years of such a commitment must be suspended (MCA § 46-18-201(3)(a)(iv)(A)). With a DOC commitment, the department decides the placement.
The same statute allows a judge to suspend execution of a sentence on conditions (MCA § 46-18-201(2)(a)), and if a felony sentence includes probation, the Department of Corrections supervises it unless the court says otherwise (MCA § 46-18-201(8)). Which of these forms a sentence takes depends on the plea agreement if there is one, the presentence report, and the judge.
A Listed Violent Offense
Montana's Sexual or Violent Offender Registration Act lists "45-5-206 (third or subsequent offense), partner or family member assault" among its violent offenses (MCA § 46-23-502(14)(a)(iv)). That listing has several effects:
- Registration. A violent offender registers for 10 years following release from confinement or, if not confined, following the sentencing hearing (MCA § 46-23-506(2)(a)). The sentencing judge may not waive registration (MCA § 46-18-201(7)).
- Presentence investigation. If a defendant is convicted of a violent offense as defined in that statute, the court shall order a presentence investigation (MCA § 46-18-111(1)(d)).
- Firearms under state law. It is a separate Montana offense to purchase or possess a firearm after conviction of a felony for which the person is currently required to register for the sexual or violent offender registry, punishable by 2 to 10 years in a state prison (MCA § 45-8-313(1)(c), (2)).
Federal firearm law applies on its own terms as well. See felony convictions and firearms in Montana.
Which Priors Make It a Third Offense
A charge is a third or subsequent offense when the person has two or more earlier convictions that count under MCA § 45-5-206(3)(b). The list includes prior PFMA convictions, convictions under similar statutes in other states, aggravated assault or assault with a weapon against a partner or family member, strangulation of a partner or family member, and unvacated bail forfeitures on similar charges. There is no lookback period in the text.
Because two priors are doing the work, each one is worth checking against the record. The process for that is described on our page about second offense penalties. If either prior does not qualify, the charge belongs in a lower range.
How a Third-Offense Case Proceeds
District courts have original jurisdiction in criminal cases amounting to felony (MCA § 3-5-302(1)(a)), so a third-offense PFMA is prosecuted there rather than resolved in a justice or city court. Sentencing follows a hearing at which both sides are heard, the person being sentenced may make a statement, and the alleged victim may give a statement about the effects of the offense and the appropriate sentence (MCA § 46-18-115). In a felony case the judge must state the reasons for the sentence on the record and in the written judgment (MCA § 46-18-115(6)). See the sentencing hearing in a PFMA case.
A&M Law defends felony charges in Western Montana. Our felony defense page explains how those cases differ from misdemeanors.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.