Strangulation of a partner or family member is a separate offense from PFMA in Montana, with heavier penalties. A first offense is punishable by up to 5 years in the state prison, a fine of up to $50,000, or both. A second or subsequent offense is punishable by 2 to 20 years (MCA § 45-5-215(2)). This page covers the sentence ranges and the consequences that come with a conviction. It is part of our Montana Domestic Violence Guide. For what the State has to prove, see strangulation of a partner.
The Penalty Ranges
| Item | What the statute provides | MCA |
|---|---|---|
| First offense | State prison for a term not to exceed 5 years, a fine not to exceed $50,000, or both | § 45-5-215(2)(a) |
| Second or subsequent offense | State prison for not less than 2 years or more than 20 years, and a possible fine of not more than $50,000, except as provided in §§ 46-18-219 and 46-18-222 | § 45-5-215(2)(b) |
| Counseling | The same counseling assessment required after a PFMA conviction | § 45-5-215(3) |
| Registration | Listed as a violent offense | § 46-23-502(14)(a)(viii) |
Compare that with PFMA, where a first offense carries 24 hours to 1 year in the county jail. The maximum for a first strangulation offense is the same as the maximum for a third or subsequent PFMA. The PFMA penalties chart shows the PFMA ranges.
First Offense: Up to 5 Years or $50,000
The first-offense clause sets maximums and no minimum. A judge may impose a prison term, a fine, or both. Montana's general sentencing statute also allows a judge to suspend execution of a sentence on conditions, or to commit a person to the Department of Corrections for placement (MCA § 46-18-201(2), (3)). A deferred imposition of sentence is not available in a felony case to someone who has been convicted of a felony on a prior occasion, with limited exceptions (MCA § 46-18-201(1)(b)).
What sentence a first offense actually draws depends on the facts, the person's record, the presentence report, and the judge. The statute does not answer that, and no one can responsibly predict it.
Second or Subsequent Offense: 2 to 20 Years
A second or subsequent conviction under the strangulation statute carries a state prison term of "not less than 2 years or more than 20 years," and the person may also be fined up to $50,000. The clause ends with the words "except as provided in 46-18-219 and 46-18-222." Those two statutes pull in opposite directions.
The Reference to § 46-18-222: Exceptions
MCA § 46-18-222 lists situations in which mandatory minimum sentences prescribed by Montana law do not apply. Read with the strangulation statute, it means the 2-year floor does not apply if one of these is established:
- The person was under 18 at the time of the offense.
- The person's mental capacity was significantly impaired at the time, though not enough to be a defense. Voluntary intoxication does not count.
- The person was acting under unusual and substantial duress, though not enough to be a defense.
- The person was an accomplice, the conduct was principally another's, and the person's participation was relatively minor.
- In a case where the threat or infliction of bodily injury is an actual element of the crime, no serious bodily injury was inflicted, unless a weapon was used.
Whether any exception fits a particular strangulation case, especially the last one, is a legal question that turns on the elements of the offense and the evidence. It is raised at the sentencing hearing, where the court must let both sides be heard on the applicability of mandatory minimum sentences or an exception (MCA § 46-18-115(1)).
The Reference to § 46-18-219: Life Without Release
MCA § 46-18-219 is Montana's repeat serious offender statute. Strangulation of a partner or family member appears on its second list of offenses, alongside aggravated assault, kidnapping, robbery, and others (MCA § 46-18-219(1)(b)(iii)). Under that subsection, a person convicted of a listed offense who was previously convicted of two listed offenses must be sentenced to life in prison, and a person sentenced under the section may not be paroled or released early.
That provision is aimed at a narrow group of people with two qualifying prior convictions, and it has its own exception tied to § 46-18-222. It is mentioned here because the strangulation statute points to it.
Consequences Beyond the Sentence
- Registration. Strangulation of a partner or family member is a listed violent offense (MCA § 46-23-502(14)(a)(viii)). See the violent offender registry.
- Presentence investigation. The court shall order one when a person is convicted of a violent offense as defined in the registration statute (MCA § 46-18-111(1)(d)).
- Crime of violence. The offense is defined as a crime of violence for sentencing policy purposes, so the statute that tells judges to consider alternatives to prison first for nonviolent felony offenders does not cover it (MCA §§ 46-18-104(2)(a)(iii)(A), 46-18-225).
- Counseling. A person convicted must pay for and complete the counseling assessment required in PFMA cases (MCA § 45-5-215(3)).
- A prior for PFMA. The conviction counts toward the number of PFMA convictions (MCA § 45-5-206(3)(b)(v)).
- Firearms. Federal law bars firearm possession by a person convicted of a crime punishable by more than one year (18 U.S.C. § 922(g)(1)), and Montana law makes it a crime to possess a firearm after a felony for which the person is currently required to register (MCA § 45-8-313(1)(c)). See felony convictions and firearms.
- No contact. The standing no contact order statute applies to strangulation charges (MCA § 45-5-209(1)).
A&M Law defends strangulation and other felony domestic violence charges in Western Montana. See our domestic violence defense page. If you or someone else is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.