A first conviction for partner or family member assault (PFMA) in Montana carries a fine of $100 to $1,000 and a county jail term of 24 hours to 1 year, plus a counseling assessment and at least 40 hours of counseling (MCA § 45-5-206(3)(a)(i) and (4)). This page walks through each part of a first-offense sentence. For the second and third offense ranges, see the PFMA penalties chart. Both pages are part of our Montana Domestic Violence Guide.
What the Statute Sets for a First Offense
| Part of the sentence | First offense | MCA |
|---|---|---|
| Jail | Not less than 24 hours and not more than 1 year in the county jail | § 45-5-206(3)(a)(i) |
| Fine | Not less than $100 and not more than $1,000 | § 45-5-206(3)(a)(i) |
| Counseling | A counseling assessment and a minimum of 40 hours of counseling, at your expense | § 45-5-206(4) |
| The other person's costs | Reasonable actual medical, housing, wage loss, and counseling costs | § 45-5-206(5) |
| Probation | May be ordered. You pay the cost if financially able | § 45-5-206(3)(a)(iii), (6) |
| Firearm used in the assault | The court may prohibit you from possessing or using it | § 45-5-206(7) |
If the offense happened within the vision or hearing of a minor, the judge must consider that as a factor at sentencing (MCA § 45-5-206(3)(a)(v)). It does not change the range. It can affect where in the range the sentence lands.
The Jail Range: 24 Hours to 1 Year
The statute says a person convicted of a first offense shall "be imprisoned in the county jail for a term not to exceed 1 year or not less than 24 hours." So there is a floor as well as a ceiling, even on a first offense.
If you were held in jail after your arrest, that time counts. Montana law gives credit for each day of incarceration before sentencing that is directly related to the case (MCA § 46-18-403(1)). How the 24-hour minimum is handled when a person has already been held, and whether any part of a longer sentence is suspended, are questions the PFMA statute does not answer in so many words. Our page on jail alternatives and credit for time served covers what the sentencing statutes say.
The Fine and the Add-On Charges
The fine for a first offense is $100 to $1,000. A judge may impose a fine only if the person is or will be able to pay it, and must take the person's financial resources into account in setting the amount and method of payment (MCA § 46-18-231(3)). A court can allow payment over time (MCA § 46-18-234).
Statutory surcharges are added to each conviction, and the court must also order payment of the other person's reasonable actual medical, housing, wage loss, and counseling costs (MCA § 45-5-206(5)). Those are covered on our page about restitution and court costs.
Counseling: An Assessment and at Least 40 Hours
Counseling is not optional and it is not reserved for repeat offenses. Anyone convicted of PFMA must pay for and complete a counseling assessment focused on violence, controlling behavior, dangerousness, and chemical dependency, then complete everything the provider recommends, with a floor of 40 hours (MCA § 45-5-206(4)). The provider must be approved by the court. If the assessment points to chemical dependency treatment, that is part of the requirement too. See the PFMA counseling requirement for who can provide it and what counts.
Probation on a First Offense
On a first or second conviction, the court may order misdemeanor probation (MCA § 45-5-206(3)(a)(iii)). Where a local government has set up a misdemeanor probation office, that office monitors compliance with the sentence and with restitution payments (MCA § 46-23-1005(1)). A person convicted of PFMA who is placed on misdemeanor probation must be ordered to pay its actual cost unless the person shows an inability to pay, and that cost is in addition to fines, restitution, and counseling (MCA § 46-23-1005(4)).
Probation conditions are tied to the facts of the case. They can include no contact or limited contact with the other person, completing counseling, alcohol monitoring, and a weapons restriction. The judge has authority to set reasonable conditions under MCA § 46-18-201(4). A no contact order can also be issued at sentencing (MCA § 45-5-209(7)). Our page on PFMA probation conditions explains what happens if a condition is violated.
What the Statute Does Not Tell You
People want to know what sentence they will actually get. The statute does not say. It gives a range and leaves the rest to the judge, who hears from the prosecutor, the defense, the person being sentenced, and the alleged victim if that person wishes to speak. Practice differs from court to court, and no one can responsibly promise a particular result.
A few things outside the sentence are worth knowing before you decide how to handle a first charge:
- A first conviction is the prior that moves any later PFMA to the second-offense range, and the statute has no lookback period (MCA § 45-5-206(3)(b)).
- Federal firearm law can apply to a misdemeanor conviction that meets the federal definition, whatever the Montana judge orders.
- A conviction can be raised in a parenting case. See PFMA and child custody.
Those consequences are the reason a first PFMA deserves the same attention as a more serious charge. Our PFMA defense page describes how we work through one.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.