A plea agreement in a Montana partner or family member assault (PFMA) case is a negotiated resolution between the prosecutor and the defense: you plead guilty or no contest to the charge or to a lesser or related offense, and the prosecutor dismisses other charges or takes a position on the sentence. The judge is not always bound by it. This page explains the statute, what can be negotiated, and why the label on the conviction deserves as much attention as the penalty. It is part of our Montana Domestic Violence Guide.
The Three Kinds of Plea Agreement
MCA § 46-12-211(1) lets the prosecutor and the defense lawyer, or a defendant acting without a lawyer, discuss an agreement in which the prosecutor will do any of three things in exchange for a plea.
| Subsection | What the prosecutor agrees to | The judge's role | Can you withdraw if the judge disagrees? |
|---|---|---|---|
| (1)(a) | The prosecutor moves to dismiss other charges | The court may accept or reject the agreement | Yes |
| (1)(b) | The parties agree that a specific sentence is the appropriate disposition | The court may accept or reject the agreement | Yes |
| (1)(c) | The prosecutor recommends, or agrees not to oppose, a particular sentence | The recommendation is not binding on the court | No |
The difference between the last two rows is easy to miss and important. If the court rejects an agreement of the first two kinds, it must say so on the record, give you the chance to withdraw the plea, and warn you that the outcome may be less favorable if you keep the plea (MCA § 46-12-211(4)). With a recommendation, the court must tell you in advance that you have no right to withdraw if it does not follow the recommendation (MCA § 46-12-211(2)).
What Can Be Negotiated in a PFMA Case
Within that framework, the subjects that commonly come up are:
- The offense. A plea to PFMA as charged, or to a lesser or related offense. See disorderly conduct instead of PFMA and can a PFMA be dismissed or reduced.
- Other counts. Dismissal of added charges, such as an alleged no contact order violation.
- The sentence. Jail beyond the statutory minimum, the fine, probation terms, and whether the prosecutor will support or oppose a deferred or suspended sentence.
Some things are fixed by statute if the conviction is for PFMA. The fine and jail ranges have minimums, and a counseling assessment and at least 40 hours of counseling are required (MCA § 45-5-206(3) and (4)).
Why the Exact Charge Matters: Firearms
Federal law makes it unlawful for a person convicted in any court of a "misdemeanor crime of domestic violence" to possess a firearm or ammunition (18 U.S.C. § 922(g)(9)). That term is defined by what the offense requires the State to prove: an offense 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 one of the listed relationships to the victim (18 U.S.C. § 921(a)(33)(A)).
Because the definition looks at elements and relationship, two pleas with the same jail time and fine can have different firearm consequences. This analysis is technical and has to be done on the specific offense and subsection before a plea is entered, not afterward. The Ninth Circuit's decision in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), shows how much the subsection can matter: it held that a conviction under MCA § 45-5-206(1)(a), purposely or knowingly causing bodily injury, is not a misdemeanor crime of domestic violence, and it did not decide subsections (1)(b) or (1)(c). See does a Montana PFMA count under federal law. Our page on the federal ban explains it further.
Why the Exact Charge Matters: Immigration
Before accepting a guilty or nolo contendere plea, a Montana court must determine that the defendant understands that, for a person who is not a United States citizen, the plea might result in deportation, exclusion from admission, or denial of naturalization under federal law (MCA § 46-12-210(1)(f)).
That warning is general. The federal statute is specific: a noncitizen who is convicted, at any time after admission, of a crime of domestic violence is deportable (8 U.S.C. § 1227(a)(2)(E)(i)). Whether a particular Montana offense meets the federal definition is a question for an immigration lawyer. A&M Law handles the criminal case. If you are not a citizen, you need immigration advice before you plead, and your criminal defense lawyer should work with that advice in mind. See immigration consequences of PFMA.
What the Judge Must Do Before Accepting a Plea
A court may not accept a guilty or nolo contendere plea without first determining that it is voluntary and not the result of force, threats, or promises apart from the plea agreement (MCA § 46-12-204(2)). The court must also determine that you understand the charge, any mandatory minimum penalty, the maximum penalty, and the rights you give up, including trial by jury and the right to confront and cross-examine witnesses (MCA § 46-12-210(1)).
In Justice Court or another court of limited jurisdiction, a guilty or nolo contendere plea also waives the right of trial de novo in District Court, and you must be told that before the plea is accepted (MCA § 46-17-203(2)(a)). See appealing a PFMA conviction.
The Other Person's Part, and Yours
The prosecutor must consult the alleged victim to obtain their views on plea negotiations (MCA § 46-24-104(3)). That conversation is between them. You should not raise the subject with the other person, directly or through anyone else, and a no contact order forbids it in any event.
No one can promise what a prosecutor will offer or what a judge will do. What a lawyer can do is tell you what each option would mean, compare it honestly with the risks of trial, and make sure you are deciding with full information. If you are weighing a quick plea to get the case over with, read should I just plead guilty to PFMA first.
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.