Montana Criminal Defense

Charged with a Crime in Montana?

Criminal Defense Lawyers Explain Charges and Penalties

A criminal conviction can drastically affect the rest of your life. You may face the possibility of jail time, fines and other penalties, and your reputation may be damaged. Additionally, a conviction may prevent you from finding work and/or housing in the future. Since so much hangs in the balance, you should always work a criminal defense lawyer with a history of success. Even innocence is not always an ironclad defense – law enforcement and prosecutors may not care about your side of the story, but will simply focus on getting a conviction. An attorney can work to enforce your rights and expose any misconduct or negligence that may have led to your arrest. In many cases, a good lawyer can get your charges or penalties reduced, minimizing the negative impact on your life.

If you have been arrested or someone you know was taken into police custody, then you should find a lawyer as quickly as possible. No matter what kinds of charges you face, from a misdemeanor to a felony, finding an attorney you trust is essential. To speak with a local Montana criminal lawyer today, consult our local listings.

What Are the Basic Types of Criminal Charges?

The type of criminal charge you face may vary depending on the nature of the alleged crime. Although each state has its own specific classifications, the general types of charges are:

• Infraction. An infraction is the least serious type of charge you can face. In fact, some states handle infractions as civil cases, rather than criminal cases. Traffic violations and other minor offenses usually fall into this category. Jail is generally not a possibility for infractions, so you are not entitled to a jury trial and the state will usually not appoint you a lawyer. However, you can still hire one of your own.
• Petty offense. Some states categorize low-level criminal conduct as petty offenses. This may include illegal acts like gambling, disturbing the peace, public indecency, pollution violations and theft of items of low value.
• Misdemeanor. A misdemeanor is a more serious charge and county courts typically handle these cases. Common misdemeanor charges include assault, criminal trespass, theft and certain drug crimes, including possession and sale.
• Felony. This is the most serious type of criminal charge and state and/or federal courts usually handle these cases. Common felonies include murder, kidnapping, sexual assault, robbery, vehicular homicide, assault with a deadly weapon, burglary and certain drug crimes.

In some cases, a criminal defense lawyer can negotiate on your behalf with the prosecution to reduce the severity of the charges you face. If the court reduces your charge from a low-level felony to a misdemeanor, for example, then the repercussions you face may be much less serious.

What Is the Penalty for a Misdemeanor in Montana?

Each state has its own system for classifying misdemeanor and felony charges, and penalties may vary as well. However, unlike most other states, Montana does not organize misdemeanors into separate categories. Rather, it uses a “by crime” protocol, which means that the misdemeanor will always be evaluated by a law enforcement agent to determine the severity of the crime, and its subsequent jail time (if any) and/or fine. Common misdemeanors are:

• Assault
• Partner or Family Member Assault (domestic assault)
• Stalking
• Protective Order Violation
• Misdemeanor DUI

What Is the Penalty for a Felony in Montana?

Like misdemeanors, Montana does not have its felonies assigned to a certain class; the crime committed is determined, and will be assigned a class (severeness) based on the act and the discretion of the jury or judge. In Montana, possible felony charges and penalties include:

• Class 1 Felony. This carries punishment that include death, or imprisonment for life and a fine of up to $100,000.
• Class 2 Felony. Carries punishment that include imprisonment for life or a minimum of 20 years and a fine of up to $100,000.
• Class 3 Felony. Carries punishment that include imprisonment for five to 20 years and a fine of up to $100,000.
• Class 4 Felony. Carries punishment that include imprisonment for two to 10 years and a fine of up to $100,000.
• Class 5 Felony. The jury or court may choose to sentence the offender for one to 10 years or jail for up to 12 months and a fine of up to $2,500, either or both.
• Class 6 Felony. The jury or court may choose to sentence the offender for either one to five years or jail for up to 12 months and a fine of up to $2,500 or both.

Need a Montana Criminal Defense Lawyer? We Can Help

If you are facing any level of criminal charge, then a qualified lawyer may be essential to protecting your future. Additionally, if someone you know is currently in police custody, then you may wish to reach out to a lawyer on his or her behalf. To find a Montana criminal defense lawyer in your area, then consult our attorney listings. If you have general question about criminal law or certain charges, then do not hesitate to ask the lawyers™.