Introduction to Misdemeanors in Montana

Montana, like some other states, categorizes crimes into two major groups based on the maximum potential punishments that can be imposed under state statutes (MCA sections 45-1-201 and 45-2-101)—felonies and misdemeanors. A felony, being the most severe, is a crime that may be punishable by sentences from more than one year of incarceration in a state prison to life imprisonment. Misdemeanors, on the other hand, although not as severe as felonies, may be assigned sentences that include fines and jail time in a state prison, not exceeding one year.

In Montana, misdemeanors are not classified by severity. Instead, each crime is assigned a specific sentence according to the Montana Penal Code. The trial processes and penalties for crimes in Montana are dependent on their classification. Understanding how the state classifies crimes can help concerned persons navigate the criminal justice system and obtain criminal court records.

Common Examples of Misdemeanors in Montana

Misdemeanors in Montana are not categorized into classes, but the possible penalties associated with each crime may vary based on the severity of the crime, the peculiarities of the case, and the court's discretion. A few examples of crimes that may qualify as misdemeanors in Montana are:

• Rioting (MCA45-8-103)
• Theft of identity or attempted identity theft involving amounts less than $1,500 (MCA45-6-332(2a))
• Prostitution (MCA 45-5-60(2a))
• Theft involving property worth $1,500 or less (MCA45-6-301(7a))
• Violation of privacy in Communication (MCA 45-8-213(4a))
• Transmission of false alarms to public safety agencies (MCA 45-7-204)
• Unlawful possession of drug equipment (MCA 45-10-103)
• Negligent arson without danger of bodily harm or death (MCA 45-6-102)
• Animal Cruelty and neglect (MCA 45-8-211(2a))
• Violation of the Child Labor Standards Act (MCA 41-2-118)
• Disruption of public order (MCA 45-8-101)
• Simple Assault (MCA 45-5-201)
• Criminal trespass of property (MCA 45-6-203)
• Possession of sawed-off firearms (MCA 45-8-340)

Statute of Limitations for Misdemeanors in Montana

Montana sets specific time frames for prosecutors to file charges against a defendant for committed crimes. These time limits are also known as statutes of limitations. In Montana, misdemeanors are generally allocated a time limit of one year for prosecution (Montana Code § 45-1-205). This means that a prosecutor must bring charges against a misdemeanor within one year.

However, under State laws, certain exceptions may exist. For instance, if the misdemeanor is for a fish and wildlife violation, the statute of limitations is three years while thefts generally have a time limit of five years. The statute of limitations for a theft may be extended particularly in cases where the defendant is still in possession of the stolen property.

In Montana, the clock for the statutes of limitations starts running a day after the offense was committed (MCA 45-1-205(7)), and may stop running if the defendant is not a usual resident of the state, is out of the state's jurisdiction or there is an ongoing prosecution for similar charges (MCA 45-1-206).

Legal Penalties for Misdemeanors

The penalties for misdemeanors in Montana are determined by the gravity of the crime committed and whether there was damage or bodily harm. The standard punishment for misdemeanors typically includes a fine of $500 and imprisonment in a county jail for a period not exceeding six months (Montana Code § 46-18-212). However, misdemeanor penalties in Montana vary from a minimum sentence of six months to two years in county jail or not more than one year in a state prison. The sentence may also be accompanied by rehabilitation therapies, fines, probation, community service, restitutions, electronic monitoring, or deferred adjudication.

Montana laws usually prescribe stiffer penalties when the defendant has one or more prior convictions for the same offense. A second or third offense may turn a misdemeanor into a felony, with the possibility of incarceration in a state prison. A defendant’s sentence for a misdemeanor may also be influenced by other factors such as the extent of damage caused, the age of the victim, the presence of disability in the defendant (e.g., a mental condition), the circumstances surrounding the offense, and the court's discretion.

A misdemeanor conviction will typically appear on one's criminal record and may also result in long-lasting consequences such as revocation of licenses, loss of civil rights, inability to secure good employment, difficulty in renting or leasing properties, and social stigmatization.

Court Process for Misdemeanors in Montana

A typical sequence of events for court processes related to misdemeanor charges in Montana includes:

• Arrest: This entails the bringing into custody of the alleged offender by law enforcement officers or private citizens. An arrest may be made with or without a warrant.
• Booking: After an arrest, offenders may be booked in a holding facility. This involves retrieving vital information about the arrested individuals and the events surrounding the arrest. An offender may be released on bail after booking or held until their first appearance in court
• First Appearance: This is also known as an arraignment. During this initial appearance in court, the charges filed against the defendant and possible penalties are read and a plea is required.
• Plea: An official statement that contains the response of the defendant to the filed charges. An offender or their representative may also try to negotiate a deal at this point. It could be pleading guilty to the filed charges in exchange for a lower sentence or accepting a conviction for lesser charges.
• Trial: If the defendant pleads not guilty, the case moves to trial. Misdemeanors may be tried by a judge or a jury of six persons. The prosecutor is expected to provide substantial evidence to prove the defendant's guilt.
• Sentencing: Here, the judge decides on the punishments(sentences) suitable for the alleged crime. The sentence may be influenced by prior criminal records, involvement of minors, or use of dangerous weapons.

Note that the sequence of events provided above is for informational purposes only and should not be considered legal advice. Concerned persons may verify the exact court process for a misdemeanor charge from the relevant court clerk's office or a legal professional.

How Misdemeanors Affect Your Criminal Record in Montana

Misdemeanor cases that make it to trial usually become part of the defendant's criminal record in Montana. These records are maintained by the criminal justice agencies and may be publicly available to employers, landlords, creditors, and other authorized entities during background checks. These records may affect an individual's ability to obtain certain kinds of employment, educational opportunities, and financial assistance.

A misdemeanor conviction may also deprive one of obtaining professional certification and licensing. It could also strip one of certain privileges like the right to own a firearm or drive. The effects of a misdemeanor record may be influenced by state laws and relevant record-keeping policies. For example, Montana laws allow for the expungement, sealing, or pardoning of certain misdemeanor records, making them unavailable to the public. These processes, however, are not guaranteed as not all cases may qualify, and they may be difficult to obtain.

Differences Between Misdemeanors and Other Offenses in Montana

• Gravity of the offense: Misdemeanors though serious, are not as serious as felonies. Felonies are more grave and attract harsher punishments than misdemeanors.
• Penalties: According to the Montana Penal Code, Misdemeanors may be punished by a fine up to $1,500 and/or jail time ranging between 10 days to 1year in a county jail. Felonies on the other hand, usually have sentences from two years up to life imprisonment in a state prison. Depending on the gravity of the offense, a felony may even be punished by a death sentence. In addition, the fines attached to felonies may be up to $50,000.

How to Check for Misdemeanors in Montana Court Records

Interested persons may check for Montana misdemeanor court records at a court clerk's office or the state’s judicial branch online repository. To search for court records in Montana, one may:

• Visit the clerk's office in the relevant court in person or submit mail requests
• Search the Public Access Portals maintained by the State Judicial Branch
• Contact the Clerk of the Montana Supreme Court

The processes for obtaining court records may vary across the local courthouses and clerk offices. It might be helpful to verify the processes required for sending requests before submitting court records requests to the relevant custodian. Note that search fees may apply and valid identification may be required to access misdemeanor court records in Montana.

Can a Misdemeanor Be Expunged or Sealed in Montana?

Yes. Per section 46-18-1104 of the Montana Code Annotated, eligible residents may petition a district court for the expungement of their misdemeanor convictions. However, state laws limit expungement to once in a lifetime for Montana residents. Eligibility requirements include:

• The applicant must have been convicted of one or more misdemeanors
• All court fines have been paid and jail sentences completed
• A period of five years has elapsed since the completion of all sentences
• The applicant must not currently be held in any correctional facility
• There are no pending charges
• There have been no previous applications for expungement
• The expungement is not for prohibited crimes such as assault, stalking, and violation of a protective order.

Expungement clears and seals one's past criminal records, thereby enhancing their chances for employment, educational opportunities, and beneficial housing programs.