A first or second partner or family member assault is a misdemeanor in Montana. A third or subsequent conviction carries a sentence of 30 days to 5 years, with any term over 1 year served in state prison, and that is what people mean by "felony PFMA" (MCA § 45-5-206(3)(a)). The details matter, because Montana's code defines a felony by the sentence a court actually imposes. This page is part of our Montana Domestic Violence Guide.
The Three Tiers
| Conviction | Fine | Term | Where served | Level |
|---|---|---|---|---|
| First offense | $100 to $1,000 | 24 hours to 1 year | County jail | Misdemeanor |
| Second offense | $300 to $1,000 | 72 hours to 1 year | County jail | Misdemeanor |
| Third or subsequent | $500 to $50,000 | 30 days to 5 years | County jail if 1 year or less; state prison if more than 1 year | Felony range |
The PFMA statute never uses the words "misdemeanor" or "felony" for these tiers. It sets fines, terms, and the place of confinement. The labels come from the general definitions in the criminal code.
How Montana Defines a Felony
Under MCA § 45-2-101(23), a felony is "an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year." A misdemeanor is an offense for which the sentence imposed is county jail or a fine, or both, or state prison for 1 year or less (§ 45-2-101(42)).
Notice the phrase "sentence imposed." The definitions look at the sentence a court hands down, not only at the maximum on the books. For a first or second PFMA the answer is the same either way, because the most a court can impose is 1 year in county jail.
First and Second Offenses
Both are misdemeanors, but neither is minor. Each has a minimum jail term written into the statute: 24 hours for a first offense and 72 hours for a second. Each requires a counseling assessment and at least 40 hours of counseling at the offender's expense (MCA § 45-5-206(4)), and the court may order misdemeanor probation (§ 45-5-206(3)(a)(iii)). How those minimums work in practice is covered in first offense penalties.
A misdemeanor PFMA conviction can also carry consequences outside the sentence, including a possible federal firearm prohibition. Whether that prohibition applies depends on the subsection of conviction: 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), is not a federal misdemeanor crime of domestic violence, and it did not decide the other subsections. See does a Montana PFMA count under federal law.
Third or Subsequent: The Felony Range
On a third or subsequent conviction, the offender "shall be fined not less than $500 and not more than $50,000 and be imprisoned for a term not less than 30 days and not more than 5 years" (MCA § 45-5-206(3)(a)(iv)). The statute then splits the place of confinement: county jail if the term does not exceed 1 year, state prison if it does.
Because the possible sentence reaches 5 years in state prison, a third-offense charge is prosecuted as a felony matter, and it should be treated as one from the first day. Read alongside the definitions above, though, a third-offense sentence of 1 year or less in county jail meets the code's definition of a misdemeanor sentence. That is our reading of how the two statutes fit together, and it is the kind of point that has to be checked against the actual judgment in a case. Our page on felony PFMA, third offense covers sentencing in more depth.
What Counts Toward the Number
"Third offense" does not mean only a third PFMA. The statute counts earlier PFMA convictions, convictions under similar statutes in other states, aggravated assault or assault with a weapon where the victim was a partner or family member, strangulation of a partner or family member, and certain bail forfeitures (MCA § 45-5-206(3)(b)). The statute has no lookback window, so a conviction from many years ago is still on the list.
Whether a particular old conviction really qualifies is often the most important question in a second or third offense case. See how prior convictions count.
Felonies That Can Be Charged the First Time
The offense count is not the only route to a felony in a domestic case. The facts alleged can support a different charge with a prison term on a first conviction:
- Strangulation of a partner or family member: up to 5 years in state prison, up to a $50,000 fine, or both, on a first offense (MCA § 45-5-215).
- Aggravated assault: up to 20 years in state prison (MCA § 45-5-202).
- Assault with a weapon: up to 20 years in state prison (MCA § 45-5-213).
Why the Classification Matters
A felony conviction reaches further than a misdemeanor. It can affect firearm rights, employment, housing, and more.
Federal firearm law adds a wrinkle. It does not use Montana's "sentence imposed" test. It prohibits possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. § 922(g)(1)), with an exception for a state offense that is classified by state law as a misdemeanor and punishable by 2 years or less (18 U.S.C. § 921(a)(20)(B)). A third-offense PFMA is punishable by up to 5 years, so a short sentence should not be assumed to avoid the federal rule. See felony convictions and firearms.
If you are charged with a second or third offense, the first job is to get the records of every earlier case and check each one. A&M Law defends misdemeanor and felony PFMA charges in Western Montana. See our PFMA defense and felony defense pages.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.