You can plead guilty to partner or family member assault (PFMA) at your first appearance, and some people do because they want the case finished. Before you do, understand that an accepted plea ends the case with a sentence and no trial, that the sentence has required parts, and that the largest consequences are ones the judge does not impose and may only mention briefly. This is a decision to make with advice. This page explains what the plea gives up and what follows it. It is part of our Montana Domestic Violence Guide.
What the Judge Must Tell You First
Before accepting a guilty plea, a Montana court must determine that you understand the nature of the charge, the mandatory minimum penalty, the maximum penalty, and your right to be represented by an attorney at every stage, with one assigned if necessary (MCA § 46-12-210(1)(a) and (b)). The court must also determine that the plea is voluntary and not the result of force, threats, or promises outside a plea agreement (MCA § 46-12-204(2)). This advice can be given through a written form you sign (MCA § 46-12-210(2)). Read it, do not just initial it.
The Rights a Guilty Plea Gives Up
| Right | MCA |
|---|---|
| To plead not guilty, or to keep a not guilty plea already entered | § 46-12-210(1)(c)(i) |
| To be tried by a jury, with the assistance of counsel at trial | § 46-12-210(1)(c)(ii) |
| To confront and cross-examine the witnesses against you | § 46-12-210(1)(c)(iii) |
| Not to be compelled to reveal personally incriminating information | § 46-12-210(1)(c)(iv) |
| To any further trial: once the plea is accepted, there is none | § 46-12-210(1)(e) |
A plea also ends the chance to test the State's evidence. You will not see the full police file, question the officers, or raise a defense such as self-defense. A plea at the first appearance comes before the defense has gone through discovery, so you would be deciding without having seen the State's evidence.
What the Sentence Must Include
| Part | What the statute says | MCA |
|---|---|---|
| Jail | Not less than 24 hours and up to 1 year on a first offense. Not less than 72 hours on a second. | § 45-5-206(3)(a) |
| Fine | $100 to $1,000 on a first offense. $300 to $1,000 on a second. | § 45-5-206(3)(a) |
| Counseling | An assessment and a minimum of 40 hours of counseling, paid for by the offender. | § 45-5-206(4) |
| The other person's costs | Reasonable actual medical, housing, wage loss, and counseling costs. | § 45-5-206(5) |
| Probation | The court may order misdemeanor probation, and the offender pays its cost unless unable to. | §§ 45-5-206(3)(a)(iii), 46-23-1005(4) |
| No contact order | A court may issue or continue one at any appearance, including sentencing. | § 45-5-209(7) |
For the full picture, see first offense PFMA penalties.
Consequences the Judge Does Not Sentence
Firearms. At the initial appearance the judge must tell you that a conviction may result in the loss of various rights regarding firearms under state and federal law (MCA § 46-7-102(1)(f)). The federal rule is 18 U.S.C. § 922(g)(9), which bars firearm and ammunition possession by anyone convicted of a misdemeanor crime of domestic violence. It applies on its own terms, whatever the state sentence is. Whether a PFMA conviction meets the federal definition depends on the subsection: the Ninth Circuit held in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), that subsection (1)(a), purposely or knowingly causing bodily injury, does not, and it did not decide subsections (1)(b) or (1)(c). A plea entered at the first appearance, before anyone has checked which subsection is charged, gives up the chance to weigh that. See does a Montana PFMA count under federal law.
Immigration.The court must make sure a noncitizen understands that a guilty plea might result in deportation, exclusion from admission, or denial of naturalization (MCA § 46-12-210(1)(f)). Federal immigration law makes a noncitizen deportable for a conviction of a "crime of domestic violence" (8 U.S.C. § 1227(a)(2)(E)(i)). Whether a specific conviction qualifies is a question for an immigration lawyer, and it should be answered before any plea.
Parenting. A court deciding a parenting plan considers physical abuse or threat of physical abuse by one parent against the other parent or the child (MCA § 40-4-212(1)(f)). A conviction for PFMA of the bodily injury type also allows the other parent to file an objection to an existing parenting order (MCA § 40-4-219(8)). See PFMA and child custody.
The next charge. A conviction counts as a prior, and the statute sets no time limit for counting priors (MCA § 45-5-206(3)(b)). A third conviction carries 30 days to 5 years.
How Hard a Plea Is to Undo
A court may permit withdrawal of a guilty plea for good cause (MCA § 46-16-105(2)). That is a request, not a right. In a justice court, city court, or other court of limited jurisdiction, a guilty plea also waives the right to a new trial in district court. A defendant who claims the plea was not voluntary may move to withdraw it and, if that is denied, appeal within 90 days (MCA § 46-17-203(2)).
What You Can Do Instead at the First Appearance
You may plead not guilty and ask for counsel. If you cannot afford a lawyer, ask for a public defender (MCA § 46-8-101). A not guilty plea requires the State to prove its case, and it keeps every option open, including a later negotiated resolution. Our pages on plea agreements and whether you need a lawyer explain the next steps.
Pleading not guilty does not change the no contact order. Follow it exactly while the case is pending.
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.