A second conviction for partner or family member assault (PFMA) in Montana carries a fine of $300 to $1,000 and a county jail term of 72 hours to 1 year (MCA § 45-5-206(3)(a)(ii)). It is still a misdemeanor. The practical differences from a first offense are a higher floor, a record that judges and prosecutors weigh differently, and the fact that one more conviction opens the third-offense range. This page is part of our Montana Domestic Violence Guide, and the PFMA penalties chart shows all three levels together.
First Offense and Second Offense Compared
| Part of the sentence | First offense | Second offense |
|---|---|---|
| Minimum jail | 24 hours | 72 hours |
| Maximum jail | 1 year, county jail | 1 year, county jail |
| Minimum fine | $100 | $300 |
| Maximum fine | $1,000 | $1,000 |
| Counseling | Assessment and at least 40 hours | Assessment and at least 40 hours |
| Misdemeanor probation | May be ordered | May be ordered |
The rows come from MCA § 45-5-206(3)(a)(i) to (iii) and (4). As with any PFMA conviction, 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)), and the judge must consider a minor's presence if the offense happened within a minor's vision or hearing (MCA § 45-5-206(3)(a)(v)).
What Counts as the Prior Conviction
A charge is a second offense if the person has one earlier "conviction" as the PFMA statute uses that word. The list in MCA § 45-5-206(3)(b) is longer than you might expect:
- A conviction under Montana's PFMA statute, including a conviction for domestic abuse under the same section.
- A conviction for violating a similar statute in another state.
- A conviction for aggravated assault (MCA § 45-5-202) or assault with a weapon (MCA § 45-5-213), if the offender was a partner or family member of the victim.
- A conviction for strangulation of a partner or family member (MCA § 45-5-215).
- A conviction in another state for an offense related to domestic violence between partners or family members, as Montana defines those terms, if the conduct is similar, regardless of the name of the offense or whether it was a misdemeanor or a felony there.
- A forfeiture of bail or collateral posted to secure an appearance on a charge under a similar statute, in Montana or elsewhere, if the forfeiture has not been vacated.
Two things are not on the list. A conviction for violating an order of protection or a no contact order is not named as a counting prior. And the text does not set any lookback period, so the age of the prior does not matter under the words of the statute. Our page on how prior convictions count looks at each item.
What "Conviction" Means Here
For Montana cases the PFMA statute borrows the criminal code's general definition: a conviction is a judgment of conviction and sentence entered on a guilty or no contest plea, or on a verdict or finding of guilty (MCA § 45-2-101(16)). An arrest is not a conviction. A dismissed charge is not a conviction. A case that ended in an acquittal is not a conviction.
Harder questions come up with older cases that were resolved by a deferred sentence and later dismissed, and with out-of-state dispositions that do not map neatly onto Montana categories. The PFMA statute does not address those situations directly. They are answered by reading the actual court record against the statute, which is work for a lawyer. If your earlier case ended that way, see deferred sentences and PFMA.
How the Prior Is Raised and Decided
The PFMA statute lists which convictions count but does not lay out a procedure for proving one. Two other statutes fill in part of the picture.
First, Montana's penalty enhancement statute generally requires an enhancing fact to be charged and found beyond a reasonable doubt, but it expressly exempts "the fact of one or more prior convictions" used to enhance a penalty (MCA § 46-1-401(4)). In other words, that statute does not require a jury to decide whether you have a prior.
Second, the sentencing hearing statute requires the court to give both sides an opportunity to be heard on any matter relevant to the disposition, including a sentence enhancement (MCA § 46-18-115(1)). That is where a dispute about a prior is addressed. A defense lawyer will usually want the certified record of the earlier case rather than a line on a criminal history printout, and will check it against each element of the list above: Was there a judgment and sentence? Was the other statute similar? Was the other person a partner or family member? Was a bail forfeiture later vacated?
Case law adds further rules about when an earlier conviction can be used, and those are beyond the scope of this page.
Why the Count Matters Beyond This Case
The jump from a first to a second offense is modest on paper. The jump from a second to a third is not: the range becomes 30 days to 5 years with a fine of up to $50,000, and a term over 1 year is served in the state prison (MCA § 45-5-206(3)(a)(iv)). A third or subsequent PFMA is also a listed violent offense under the registration statute (MCA § 46-23-502(14)(a)(iv)). See third or subsequent PFMA.
So a second charge is the point at which the count itself becomes one of the most important issues in the case. Whether the earlier matter truly qualifies, and whether the new charge can be proved at all, both deserve a close look before any plea. Our PFMA defense page explains how we approach that review.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.