Partner or family member assault and misdemeanor assault describe much of the same conduct. The difference is who was involved. If the other person is a partner or family member, the charge is PFMA under MCA § 45-5-206, and it carries minimum jail time, required counseling, and penalties that rise with each conviction. If not, the charge is assault under MCA § 45-5-201, with a lower and simpler penalty range. This page is part of our Montana Domestic Violence Guide.
Side by Side
| Point | PFMA, § 45-5-206 | Assault, § 45-5-201 |
|---|---|---|
| Who the other person is | A partner or family member | Anyone ("another") |
| Purposely or knowingly causing bodily injury | Yes, (1)(a) | Yes, (1)(a) |
| Negligently causing bodily injury with a weapon | Yes, (1)(b) | Yes, (1)(b) |
| Causing reasonable apprehension of bodily injury | Yes, (1)(c) | Yes, (1)(d) |
| Insulting or provoking physical contact | Not in the statute | Yes, (1)(c) |
| Fine | $100 to $1,000 (first); $300 to $1,000 (second); $500 to $50,000 (third or later) | Up to $500 |
| Jail | 24 hours to 1 year (first); 72 hours to 1 year (second); 30 days to 5 years (third or later) | Up to 6 months, no minimum |
| Counseling | Assessment plus at least 40 hours, at the offender's expense | Not required by the assault statute |
| Higher penalties for repeat convictions | Yes | No |
| Standing no contact order under § 45-5-209 | Yes | Not listed in that statute |
The Elements: Mostly the Same, With Two Gaps
Three forms appear in both statutes with matching wording: purposely or knowingly causing bodily injury, negligently causing bodily injury with a weapon, and purposely or knowingly causing reasonable apprehension of bodily injury.
The assault statute has two more. One is purposely or knowingly making "physical contact of an insulting or provoking nature with any individual" (§ 45-5-201(1)(c)). The other involves giving a person certain drugs without consent (§ 45-5-201(1)(e)). Neither appears in the PFMA statute. So contact that is insulting but causes no pain and no fear of injury is not PFMA as the statute is written, even between spouses, although it can be charged as assault.
PFMA adds one element that assault lacks: the State must prove that the other person is a partner or family member.
Penalties
A person convicted of assault "shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both" (MCA § 45-5-201(2)). There is no minimum.
PFMA has floors as well as ceilings. A first offense carries a fine of $100 to $1,000 and county jail for 24 hours to 1 year. A second carries $300 to $1,000 and 72 hours to 1 year. A third or subsequent conviction carries $500 to $50,000 and 30 days to 5 years (MCA § 45-5-206(3)(a)). See the PFMA penalties chart and when PFMA is a felony.
One caution about age. If the offender is 18 or older and the other person is under 14, an assault under § 45-5-201 can be charged as assault on a minor, which carries up to 5 years in state prison (MCA § 45-5-212).
Counseling, Costs, and Court Orders
A PFMA conviction requires the offender to pay for and complete a counseling assessment and a minimum of 40 hours of counseling (MCA § 45-5-206(4)). The court must also order payment of the other person's reasonable actual medical, housing, wage loss, and counseling costs (§ 45-5-206(5)). The assault statute contains neither requirement.
The pretrial picture differs too. The standing 72-hour no contact order in MCA § 45-5-209 is tied to PFMA and to three felony offenses against a partner or family member. And the arrest statute calls arrest "the preferred response" in partner or family member assault cases involving injury, a weapon, a restraining order violation, or other imminent danger (MCA § 46-6-311(2)(a)).
Repeat Offenses
The assault statute has one penalty range no matter how many prior assault convictions a person has. PFMA counts priors, and it counts more than earlier PFMA convictions. Certain felony assaults on a partner or family member, strangulation convictions, similar convictions from other states, and some bail forfeitures are all on the list in § 45-5-206(3)(b). See how prior convictions count.
This is one reason the label matters years later. A conviction under the assault statute is not on that list. A PFMA conviction is.
Firearm Consequences
Under Montana's PFMA statute, the court "may prohibit an offender convicted under this section from possession or use of the firearm used in the assault" (MCA § 45-5-206(7)). That provision is about the particular firearm used.
The wider issue is federal. Under 18 U.S.C. § 922(g)(9), a person convicted of a "misdemeanor crime of domestic violence" may not possess firearms or ammunition. Federal law defines that term as a misdemeanor that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person in a listed relationship to the victim (18 U.S.C. § 921(a)(33)(A)).
Three points follow. First, the federal definition has its own list of relationships, and it is not the same as Montana's. Second, in United States v. Hayes, 555 U.S. 415 (2009), the U.S. Supreme Court held that the domestic relationship "need not be a defining element of the predicate offense." In other words, a conviction under a general assault statute can still count if the person was in fact a spouse or other covered partner. Third, the elements of the offense matter. In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury form of PFMA, § 45-5-206(1)(a), does not have the use of physical force as an element, because Montana's definition of bodily injury includes mental illness or impairment, so a conviction under that subsection is not a misdemeanor crime of domestic violence. The case addressed that PFMA subsection only. It did not decide subsections (1)(b) or (1)(c). Whether a given Montana conviction triggers the ban is a detailed question: see does Montana PFMA count under federal law.
Why the Label Matters
The name of the conviction affects sentencing, counseling, how a future charge is counted, and how the record reads to an employer, a licensing body, or a family court. That is why the choice between the two charges often becomes part of plea discussions. It should never be decided on the sentence alone, and never without advice about the firearm and record consequences that follow each option.
A&M Law defends both charges in Western Montana. See our PFMA defense and assault defense pages.
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.