Felony and misdemeanor classes in Montana

Misdemeanor classes in Montana

How Montana grades crimes

Montana has no felony classes or degrees. The prison term and fine are written into each offense law, so they differ from one crime to the next, and whether a conviction is a felony depends on the sentence the court imposes.¹

For theft, amounts taken in a common scheme or in the same transaction, from one person or several, can be added together to decide the value of the property.³

When theft is a felony in Montana

In Montana, theft of property worth more than $1,500 is punishable by up to 10 years in state prison, a fine of up to $50,000, or both, which makes it a felony when a prison term of more than 1 year is imposed. Theft of a light vehicle carries the same penalty at any value. Theft of $1,500 or less carries up to 6 months in county jail and a fine of up to $1,500 for a first or second offense; a third or later offense carries a $1,500 fine and 30 days to 6 months in county jail.³

Mont. Code Ann. § 45-6-301(7) · Felony theft amounts in every state

DUI in Montana

Montana calls it driving under the influence (DUI). Higher-risk cases, such as an alcohol concentration of 0.16 or more, are called aggravated DUI in § 61-8-1001.

Repeat offenses

A DUI is a felony when the person has any combination of three or more earlier convictions for DUI (including aggravated DUI or a similar offense in another state), negligent vehicular assault, criminal child endangerment by driving under the influence with a child in the vehicle, or negligent homicide committed while driving under the influence. It is also a felony after any earlier conviction for vehicular homicide or aggravated vehicular homicide while under the influence. The sentence is 13 months to 2 years with the Department of Corrections in a facility or program, followed by a 5-year suspended prison term, and a fine of $5,000 to $10,000, or up to 5 years in a treatment court program with the same fine range. A first through third DUI carries no more than 1 year in jail under § 61-8-1007.

Which past offenses count

An earlier conviction counts if less than 10 years passed between it and the new offense. If the new offense is the person's third or later, all earlier convictions count, with no time limit.

Other felony versions

Vehicular homicide while under the influence carries up to 30 years in state prison, a fine of up to $50,000, or both. Aggravated vehicular homicide while under the influence carries 3 to 30 years in state prison, a fine of $10,000 to $50,000, or both. Negligent vehicular assault that causes serious bodily injury, and criminal child endangerment by driving under the influence with a child under 14 in the vehicle, each carry up to 10 years. An earlier conviction for either vehicular homicide offense makes any later DUI a felony.

Mont. Code Ann. §§ 61-8-1002, 61-8-1007, 61-8-1008(1)(a), 61-8-1011(1)(b), 45-5-106, 45-5-107, 45-5-205, 45-5-628² · Felony DUI rules in every state

After a conviction

• Clearing or sealing a record in Montana: who qualifies, the wait and how to file.
• Voting after a felony in Montana
• How long a felony or misdemeanor stays on your record

Common questions