What to Do If You’re Charged with a Felony in Montana
Facing felony charges is stressful, especially if you are unfamiliar with the legal process. Even though Montana’s justice system can be complex, knowing what to do if you’re charged with a felony will have an impact on the outcome of your case. Taking the right steps early on can make all the difference, regardless if you are dealing with your first offense or if you have a criminal history.
In this guide, we’ll explore the key things to do if you're facing felony charges in Montana. We’ll examine the legal process, how to navigate it, and why hiring a criminal defense attorney in Montana is crucial to your defense.
Understanding Felony Charges in Montana
A felony is a crime punishable by more than one year in state prison. Felonies are the most serious category of criminal offenses, so naturally the consequences can be dire. Penalties range from steep fines all the way to life in prison. Common felonies in Montana include:
Homicide
Sexual assault or rape
Drug trafficking
DUI and drug possession
Robbery
Arson
Aggravated assault
Kidnapping
"Violent offense" means:
(a) any violation of or attempt, solicitation, or conspiracy to commit a violation of:
(i) 45-5-102, deliberate homicide;
(ii) 45-5-103, mitigated deliberate homicide;
(iii) 45-5-202, aggravated assault;
(iv) 45-5-206 (third or subsequent offense), partner or family member assault;
(v) 45-5-210(1)(b), (1)(c), or (1)(d), assault on a peace officer or judicial officer;
(vi) 45-5-212, assault on a minor;
(vii) 45-5-213, assault with a weapon;
(viii) 45-5-215, strangulation of a partner or family member;
(ix) 45-5-302 (if the victim is not a minor), kidnapping;
(x) 45-5-303 (if the victim is not a minor), aggravated kidnapping;
(xi) 45-5-401, robbery;
(xii) 45-6-103, arson; or
(xiii) 45-9-132,operation of unlawful clandestine laboratory; or
(b) any violation of a law of another state, a tribal government, the federal government, or the military or a foreign entity reasonably equivalent to a violation listed in subsection (14)(a).
Immediate Consequences of Felony Charges
If you’re charged with a felony, you may face significant disruption to your life. The immediate consequences are:
Arrest and Detention: You can be taken into custody, where you may remain until your bail hearing.
Criminal Record: Even before conviction, felony charges can tarnish your reputation and complicate employment opportunities.
Preliminary Hearing: A hearing can be scheduled to see if the prosecution has sufficient evidence to move forward with the charges
Because of the nature of felonies, it's vital to act quickly. Here’s what you should do as soon as possible after being charged:
Step 1: Stay Calm and Exercise Your Right to Remain Silent
One of the most common mistakes people make in any confrontation with the law is talking too much. During your arrest, in custody, and whenever talking to law enforcement, anything you say can and will be used against you in court.
Your natural reaction may be to explain your side of the story, but do your best to avoid doing so. If you don’t have legal representation present, you can seriously harm your defense.
Why Remaining Silent Matters
Police are trained to gather evidence, and often, that includes using your words against you. In some cases, even innocent statements can be twisted or misunderstood, leading to worse charges or a conviction! The best course of action is always to remain silent and request to speak with a Montana felony defense attorney before answering any questions.
Police may try to provoke you into talking, and may even make threats. In any case, do not cave! During arrest, the law enforcement officer will read your Miranda Rights:
You have the right to remain silent.
Anything you say can and will be used against you in court.
You have the right to an attorney.
Invoking your right to remain silent is not a sign of guilt—it’s the smartest legal strategy to protect your case.
Step 2: Contact a Criminal Defense Attorney in Montana
The single most important step you can take after being charged with a felony is to contact a criminal defense attorney in Billings or your locality. Having an experienced attorney by your side will make a difference in the outcome of your case. The right lawyer will:
Analyze the Charges: They can explain the charges against you and what penalties you face.
Evaluate Evidence: Your attorney will examine the evidence to determine if any of it was obtained unlawfully or if it weakens the prosecution's case.
Negotiate with Prosecutors: In some cases, your lawyer might even be able to negotiate a plea deal that reduces your charges or minimizes the penalties.
Develop a Defense Strategy: Each case is unique, so your attorney should work with you to create the best possible defense based on your circumstances. That could involve fighting the charges in court or seeking a favorable plea agreement instead.
When choosing a defense attorney, be sure to look for someone with experience in handling Montana felony defense cases, particularly those related to the specific charges you're facing.
Step 3: Understand the Legal Process for Felony Cases in Montana
Being charged with a felony in Montana involves a specific legal process. While the timeline can vary based on the complexity of the case, here are the major steps you can expect:
1. Arraignment
An arraignment is your first formal court appearance. During this proceeding, you’ll be formally charged with the crime, and you’ll enter a plea (guilty, not guilty, or no contest). Your attorney will help you decide how to plead based on the specifics of your case.
2. Pre-Trial Proceedings
After the arraignment, the court will hold a few pre-trial hearings. These can include motions to dismiss the case or suppress evidence, as well as discussions about plea deals. Your lawyer will represent you at these hearings and maneuver to get the best possible outcome.
3. Discovery
During discovery, both the prosecution and defense exchange evidence. This is a critical part of your case, as it allows your attorney to evaluate the strength of the prosecution's case against you. Your lawyer will review all the evidence and prepare a defense strategy accordingly.
4. Trial
If your case goes to trial, both sides will present their arguments in front of a judge or jury. Your attorney will argue your defense, cross-examine witnesses, and challenge the prosecution’s evidence.
5. Sentencing
If convicted, sentencing will take place after the trial. Montana has specific guidelines for sentencing, but the judge also has some discretion. Sentences for felonies in Montana range from one year in prison to life without parole, depending on the crime.
Step 4: Understand Potential Defenses Against Felony Charges
Your attorney will develop a defense strategy based on the unique facts of your case. Some common defense strategies for felony charges in Montana include:
1. Challenging the Evidence
Your lawyer may argue that the prosecution’s evidence is insufficient or unreliable. This can involve challenging witness testimony, discrediting forensic evidence, or proving that the evidence was obtained illegally.
2. Alibi Defense
If you can prove that you were not at the scene of the crime when it occurred, you may be able to establish an alibi defense. Your attorney will work with you to gather evidence, such as witnesses or receipts, to prove your whereabouts.
3. Self-Defense or Defense of Others
In cases involving violent crimes like assault or homicide, you may be able to argue that you acted in self-defense or to protect someone else. Montana law allows for the use of reasonable force to defend yourself or another person from harm.
4. Lack of Intent
In many felony cases, the prosecution must prove that you had intent to commit the crime. If your attorney can demonstrate that the crime was accidental or that you lacked criminal intent, the charges may be reduced or dismissed.
Step 5: Prepare for Life After the Charges
Whether you’re acquitted or convicted, being charged with a felony often has a lasting impact on your life. In some cases, you may face difficulties landing a job, securing a house, or reconstruction your reputation. A good attorney can help you take steps to mitigate these challenges, such as:
Expungement or Sealing of Records: In certain cases, you may be eligible to have your criminal record expunged or sealed, preventing it from appearing on background checks.
Pursuing Appeals: If convicted, your attorney may be able to appeal the decision based on errors made during the trial or sentencing.
The Difference Between a Felony and a Misdemeanor in Montana
Many people ask what separates a felony from a misdemeanor. In Montana, the primary distinction between these two types of charges is the severity of the punishment:
Felony: Punishable by more than one year in state prison. Felonies are reserved for serious crimes, such as those involving violence, drugs, or large amounts of property damage or theft. Felony convictions often carry long-term consequences, including loss of voting rights and restrictions on owning firearms.
Misdemeanor: Typically punishable by less than one year in county jail and often involves less serious crimes like minor assaults, petty theft, or disorderly conduct. While a misdemeanor conviction is less severe than a felony, it can still have a major impact on your life, including fines, probation, and a permanent criminal record.
As an example, being caught with a small amount of an illegal drug might be charged as a misdemeanor, whereas possessing larger quantities or demonstrating intent to distribute could elevate it to a felony.
It’s important to understand the severity of the charges you are facing. A Montana felony defense attorney can help you navigate the legal system and may even negotiate to reduce a felony charge to a misdemeanor, depending on the circumstances of your case.
Felony Sentencing in Montana
The sentencing process for felony charges in Montana varies depending on the crime committed, your criminal history, and other factors. Montana courts have some discretion in how they sentence individuals, but there are general guidelines for certain crimes.
Sentencing Guidelines for Felonies
In addition to prison time, felonies usually come with significant fines, which can range from a few thousand dollars to hundreds of thousands, depending on the crime. Judges also have the discretion to include probation as part of the sentence, which may require the defendant to adhere to strict rules while serving their sentence outside of prison.
Probation and Parole for Felony Convictions in Montana
For certain felony convictions in Montana, there may be eligibility for probation or parole. This allows those who are convicted to serve part of their sentence outside of prison (provided they comply with the conditions set by the court or parole board.)
Probation:
If you're placed on probation, you’ll be monitored by a probation officer and have to meet certain conditions like:
Regular check-ins with a probation officer
Community service
Drug or alcohol treatment
Curfews or travel restrictions
Probation can be an alternative to prison time, especially for less severe felonies. However, violating the terms of probation can lead to being sent back to prison!
Parole:
Parole allows felons to serve the remainder of their sentence outside of prison under supervision, usually after serving a portion of their sentence behind bars. Parole eligibility and the decision to grant parole is typically handled by the Montana Board of Pardons and Parole. It cannot be stressed enough that following the rules set forth is vital to avoid re-incarceration.
Types of Felonies in Montana
Montana has a broad range of felony classifications, each with different degrees of severity and associated penalties. There are different types of felony charges and it is helpful to understand how they are categorized under Montana law.
The criminal code in Montana classifies felonies based on the harm caused, the intent of the perpetrator, and the nature of the crime.
1. Violent Felonies
Violent felonies in Montana include crimes where physical harm or the threat of physical harm is involved. Examples of violent felonies include:
Homicide – First and second-degree murder, as well as manslaughter, are some of the most severe felonies. First-degree murder can result in life imprisonment or the death penalty in Montana.
Aggravated Assault – Intentionally causing serious injury to another person or using a weapon to threaten harm.
Kidnapping – Holding a person against their will or moving them from one place to another through force or intimidation.
Penalties for violent felonies often result in lengthy prison sentences and significant fines. Some also carry the possibility of life in prison without parole.
2. Drug-Related Felonies
Montana takes drug-related offenses seriously. Certain drug crimes are automatically classified as felonies depending on the quantity and type of substance. Felony drug charges include:
Drug Trafficking – The illegal transportation or sale of controlled substances, such as methamphetamine, heroin, or cocaine, can result in a felony charge.
Manufacturing or Cultivation – Producing illegal drugs or growing substances like marijuana beyond legal limits is considered a felony.
Possession with Intent to Distribute – Having large quantities of drugs can lead to an assumption that you plan to distribute them, which elevates the charge from possession to a more serious felony offense.
Montana has strict penalties for drug-related felonies, including mandatory minimum sentences for certain types of drug trafficking or manufacturing offenses.
3. Property Crimes
Felonies in Montana also encompass property crimes, particularly when the value of the property involved is substantial, or when the crime involves violence. Examples include:
Robbery – Taking someone’s property through force or intimidation.
Arson – Deliberately setting fire to a building or structure can lead to felony charges, especially if the fire causes serious injury or death.
Burglary – Unlawfully entering a structure with the intent to commit a crime inside is a felony under Montana law.
Property crimes, depending on the circumstances, can result in hefty prison sentences, and restitution may also be required to compensate victims.
Montana's Three Strikes Law
Montana has a “three strikes” law for repeat offenders, meaning that individuals convicted of multiple serious felonies can be hit with harsher penalties (even life imprisonment) after their third conviction. This law is intended for keeping habitual offenders off the streets, but it can also result in long sentences for individuals with multiple felony convictions, even if the offenses are non-violent.
If you are facing your second or third felony conviction, it is critical to have a skilled criminal defense attorney who understands how to navigate Montana’s three strikes law. An attorney can argue for alternative sentencing or help negotiate a plea deal to avoid life sentences or other extreme penalties.
Conclusion: Take Action Immediately if You’re Charged with a Felony in Montana
If you are facing felony charges in Montana, taking immediate action is critical. These charges carry significant consequences, including long prison sentences, steep fines, and a criminal record that could follow you for the rest of your life. By remaining silent, seeking legal representation, and understanding the legal process, you can protect your rights and improve your chances of achieving a more favorable outcome.
Working with an experienced criminal defense attorney in Billings can make all the difference in building a defense. Whether you’re facing serious felony charges like homicide or lesser ones such as drug-related offenses, having a knowledgeable defense team by your side is essential.
Remember, the sooner you take action, the better your chances of securing a positive result. Don’t hesitate—contact a Montana felony defense attorney today to protect your rights and your future.