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What Is a Low-Level (Third-Degree) Felony in Montana?
Montana does not categorize felonies by degree. Instead, a felony in Montana is either serious, mid-level, or lower-level. The Montana Code Annotated (MCA) defines felonies as crimes punishable by death or more than 1 year of imprisonment in State prisons (§ 45-2-10).
Based on the severity, third-degree felonies are equivalent to lower-level felonies in Montana. Low-level felonies in Montana are primarily non-violent crimes with less severe penalties than those in the mid-level and serious-level categories.
Notwithstanding their lower ranking, crimes in this category are severe, with long-term sentences and significant financial costs. A lower-level felony conviction in Montana may have repercussions beyond the statutory penalties. For instance, a lower-level felony conviction in Montana may result in a permanent criminal record, which can impact job opportunities, loss of civil rights, and immigration consequences for non-citizens of the United States.
Common Offenses That Fall Under Low-Level (Third-Degree) Felony Charges
Montana classifies offenses other states refer to as first-degree crimes as low-level felonies. Notwithstanding their low ranking under the state's criminal code, these are serious crimes that may have ramifications beyond their immediate penalties. The types of crimes Montana considers low-level felonies include:
- Felony theft
- Third-Offense DUI
- Tampering with or fabricating physical evidence
- Assault on a peace officer
- Possession of a controlled substance.
| Low-level Felony | Description |
|---|---|
| Felony Theft DUI | A person commits felony theft by stealing property whose value exceeds $5,000.00 but is less than $10,000.00, or if the theft involves protected property, such as livestock, firearms, motor vehicles, or motorized equipment, or public property |
| Third-offense DUI | Committing a third DUI violation within 10 years |
| Tampering with or fabricating physical evidence | Destroying, hiding, or altering evidence to obstruct an investigation |
| Assault on a peace officer | Intentionally inflicting injury or harm on a peace officer |
| Possession of a controlled substance | Having illegal drugs, such as meth, heroin, or cocaine, beyond the legally permitted quantity. |
Penalties and Sentencing for Third-Degree Felonies in Montana
Notwithstanding their ranking, offenses within Montana's lower-level felony category are serious crimes with severe penalties, and may have other far-reaching consequences. Section 45-2-10 of the Montana Code Annotated mandates prison terms ranging from 1 year to 10 years for lower-level felonies. Nonetheless, the penalties for crimes in this felony category depend on the specific statutes governing them. In addition to imprisonment, an individual convicted of a lower-level felony in Montana may be required to pay fines of up to $10,000.00.
However, not all lower-level felony offenses result in prison terms. Depending on the circumstances of a crime and the offender’s criminal history, judges have the flexibility to impose probation, suspend sentencing, or defer adjudication. These options enable eligible individuals to avoid immediate prison terms.
| Lower-level Felony | Prison Term | Fines |
|---|---|---|
| Felony theft | Up to 10 years Imprisonment | Up to $50,000.00 |
| Third-offense DUI | 1 year to 5 years imprisonment | $2,500.00 to $5,000.00 |
| Criminal possession of Schedule I or II drugs | Up to 5 years Imprisonment | Up to $50,000.00 |
| Forgery or deceptive practice | Up to 10 years imprisonment | Up to $10,000.00 |
| Tampering with or fabricating physical evidence | Up to 10 years Imprisonment | Up to $50,000.00. |
Will You Go to Jail for a Third-Degree Felony in Montana?
Yes, a conviction for a lower-level (third-degree) felony in Montana may result in imprisonment in state prison. Per Section 45-2-10 of the Montana Code Annotated, lower-level felonies may result in up to 10 years in prison. Nevertheless, not all lower-level crimes result in prison terms. Chapter 18 of the Montana Code Annotated allows judges to defer imposition of sentencing and dismiss the charges of eligible defendants. Furthermore, Montana Code Annotated (MCA) § 46-18-201 and § 46-18-202 permit probation instead of a prison term, and allow eligible defendants to avoid imprisonment, including third-degree felony jail time.
How Long Does a Third-Degree Felony Stay on Your Record?
A third-degree or lower-level felony conviction in Montana may stay on the felon's record for life. In Montana and other parts of the United States, criminal records are permanent unless they are sealed or removed.
Montana lower-level felony records are public, making them accessible through public record requests and criminal background checks. Without sealing, a Montana lower-level felony conviction record may impact job opportunities, civil rights, and result in social stigma. For non-citizens, a felony conviction in Montana may impact immigration status or lead to loss of benefits.
Montana does not permit expungement of felony records, including lower-level records. However, if a court grants a deferred sentence and dismisses the charges against a defendant, it may seal the underlying criminal charges.
Can a Third-Degree Felony Be Sealed or Expunged in Montana?
Montana does not expunge felony records. The state only expunges certain misdemeanor records. Expungement of a criminal record refers to its destruction. This makes it inaccessible to law enforcement and other entities. However, if the owner of an expunged record commits subsequent crimes, the court may temporarily restore the record for sentencing purposes.
Unlike expungement, Montana allows sealing of felony records under certain conditions. Sealing a lower-level felony record prevents it from being disclosed to the public, but it remains accessible to law enforcement, prosecutors, and the courts. To qualify for sealing, a lower-level felony record must be accompanied by a deferred sentence that the offender has received and completed. This includes completing probation, paying restitution, performing community service, or attending treatment programs. Additionally, the owner of the record must have no new arrest or conviction.
In Montana, most non-violent lower-level felonies are eligible for sealing. However, once an offender has served a prison term for a straight conviction of a felony, the record is no longer eligible for sealing.
How Third-Degree Felonies Compare to First- and Second-Degree Felonies
Montana does not use the degree system to classify felonies. Title 45 of the Montana Code Annotated classifies crimes within the state as either felonies or misdemeanors. Under the Montana Code Annotated, the state categorizes felonies as either most serious, serious, or lower-level. Each felony has its own statutory sentencing range.
Per Montana's classification system, first, second, and third-degree felonies are equivalent to the most serious, serious, and lower-level felonies. The names of these felony groups signify the seriousness of the crimes they contain.
Most serious felonies (first-degree) - As described by the name, this class of felony contains the most offenses under Montana's penal laws. This category of felony is punishable by 10 years to life imprisonment or the death penalty. Additionally, the court may impose restitution and fines of up to $50,000.00. Examples of the most serious felonies in Montana include:
- Deliberate homicide
- Aggravated kidnapping
- Sexual intercourse without consent (especially with a child).
Serious felonies to mid-level felonies (second-degree) - The serious felony category also contains crimes with severe repercussions. This category contains violent, life-threatening, or sexually violent offenses punishable by long-term imprisonment, life sentences, and high fines
However, the punishment for offenses in the serious felony class is less harsh than the most serious felony category. Crimes in this category are punishable by imprisonment of 10 years to life imprisonment. Additionally, offenders may pay fines of up to $50,000.00. Montana's serious felonies include:
- Attempted murder
- Aggravated assault with a weapon
- Large-scale drug distribution
- Burglary
- Felony DUI (fourth-offense or more)
Lower-level felonies (third-degree) - Crimes in the lower-level felony category in Montana are mostly non-violent or moderately serious. Lower-level felonies result in less severe penalties than the other felony categories. A lower-level felony conviction in Montana may result in imprisonment of up to 10 years, in addition to fines that can range up to $10,000.00. Lower-level felonies in Montana include:
- Felony theft
- Tampering with evidence
- Drug possession (nonviolent
| Type of Felony | Examples | Sentencing Range |
|---|---|---|
| Most serious felonies (first-degree |
|
Up to life imprisonment or the death penalty |
| Serious to mid-level felonies |
|
Depending on their statutes, crimes in this category may have prison terms of up to 40 years |
| Lower-level felonies |
|
Up to 10 years Imprisonment if the crime statute does not specify a penalty. |
How to Look Up Low-Level (Third-Degree) Felony Records in Montana
Lower-level felony records are part of criminal records. For a $20.00 per-name search, these documents are accessible online using the Montana Criminal History Online Public Record Search (CHOPRS). Felony records are also accessible through in-person visits or by mail-in requests to:
The Montana Department of Justice - Criminal Records and Identification Services Section (CRISS)
2225 11th Avenue,
P.O. Box 201403
Helena,
MT 59620-1403
Phone: (406) 444-3625
Fax: (406) 444-0689
Email: dojcriss@mt.gov.
Conviction details of felons serving prison time in State prisons may also be accessible through the Montana Department of Corrections Offender Search Portal.
Felony records are part of criminal case files. Individuals seeking access to these documents should:
- Identify and locate the Montana court that handled the associated trial:
- Visit the court's website, navigate to their public case search portal, and use online search tools to look for records
- Mail or visit the court clerk's office and request access to the specific record.
Montana's lower-level felony records may also be accessible online through third-party websites. Private online platforms like Montanacourtrecords.us may provide access to these documents.
| Access Method | Source | Availability |
|---|---|---|
| Online | Montana Criminal History Online Public Record Search | Public |
| Mail-in/In-person | Montana Department of Justice - Criminal Records and Identification Service Section | Requires payment and valid government-issued identification documents. Requests for someone else's criminal records require their consent |
| Online | Montana Department of Corrections Offender Search Portal | Public |
| Online/Mail-in/In-person | District Courts' case access portals or through their clerk's offices | Public, but may require identification if access is through the District Courts clerk's offices |
| Online | Third-party online repositories | Public. |
Probation and Parole for Third-Degree Felony Offenders
Montana courts may impose probation for short-term, lower-level felonies, typically applying this to non-violent crimes that carry a potential prison term of less than 10 years. Probation enables defendants to serve their sentences within the community under strict conditions, rather than serving time in prison.
Defendants who willingly agree to court-imposed conditions, have no previous criminal histories, and the courts find them not to be public risks may qualify for probation in Montana.
The Montana Department of Corrections (DOC) Probation and Parole Bureau is responsible for parole supervision within the state. However, the length and terms of parole are set by the judge during judgment.
An inmate serving a prison sentence for a lower-level felony may be eligible for parole after completing a portion of the sentence. The mandatory minimum time an inmate must serve depends on the sentence length and the inmate’s in-prison behavior. Furthermore, the Probation and Parole Bureau considers the inmate's participation in rehabilitation programs, disciplinary record, and evidence of remorse when making a parole decision.