Felonies vs. Misdemeanors
Missoula Misdemeanor And Felony Defense Lawyers: The Difference Between A Felony And A Misdemeanor
What Are Montana Misdemeanor Crimes?
- Crimes against property, like trespassing, petty theft of property less than $1,500 in value or criminal mischief, all of which have a maximum sentence of six months or less in jail
- First, second and third DUI offenses, with a maximum jail time of less than one year in prison depending on the charge
- First offense possession of a controlled substance, like 60 grams or less of marijuana is punishable with a maximum sentence of 6 months or less in jail
- Stalking or a first-time sexual assault charge which are both punishable by a sentence of one year or less in jail
The statute of limitations filing deadline for misdemeanor crimes is one year. Some misdemeanor crimes are eligible for expungement.
What Is The Difference Between A Criminal Defense Attorney And A Public Defender?
Anyone who is accused of a crime has the right to an attorney. In the state of Montana, if you cannot afford an attorney, a public defender will be appointed on your behalf. In order to be eligible for a public defender, you will have to prove that you meet the qualifications and that your income does not exceed a certain threshold.
Public defenders often have a large caseload. To manage their heavy caseload, they might try to steer you towards a plea bargain offered by the prosecutor to avoid prolonging the case or going to trial. Due to this caseload, it is also difficult for public defenders to take calls or make themselves available for their clients. A private criminal defense attorney will be able to provide you with personalized service and a customized legal strategy.
Facing jail time? Call us now.
What Are Felony Crimes In Montana?
Felony crimes are more serious, and in the state of Montana is any crime that carries a maximum sentence of more than one year in prison. Felonies are classified at different levels, with a Class A felony being the most serious, carrying punishments that include the death penalty, life in prison and potential fines of $100,000. Some drug possession crimes increase to felonies based on the kind of drugs found and the amount.
When Misdemeanor Crimes Become Felonies: Montana’s Persistent Felony Offender Statute
Schedule A Free Consultation With A Criminal Defense Attorney Today
Our criminal defense attorneys offer a free initial consultation. To schedule your free appointment, email us through our website or call our office at 406-812-7634 We look forward to telling you more about how we can help defend you against the charges you are facing.
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Frequently Asked Questions
We represent clients facing both misdemeanors and felonies, including but not limited to:
- DUI (Driving Under the Influence)
- Drug offenses (possession, distribution, trafficking)
- Sex crimes (sexual assault, rape)
- Theft, burglary, and trespassing
- Assault and criminal endangerment
- Homicide and attempted homicide
A public defender is a court-appointed attorney for those who cannot afford a private lawyer and must meet certain income requirements. However, public defenders often have large caseloads, which can impact their availability and approach. A private criminal defense attorney offers personalized attention, tailored legal strategies, and greater availability.
Hiring a private defense attorney offers:
- Customized legal strategy
- Personalized service
- Strong communication
- A willingness to take your case to trial if necessary
- Focus on minimizing or avoiding serious penalties and a criminal record
Penalties vary by charge but may include:
- Jail time (up to 1 year for misdemeanors)
- Prison time (1 year or more for felonies)
- Fines
- Probation
- Loss of rights (e.g., firearm ownership, voting)
- Mandatory sex offender registration (for certain crimes)
Yes. A skilled defense attorney can build a strong case, challenge the prosecution’s evidence, negotiate plea deals, or fight for a dismissal—all of which can help prevent a conviction and keep your record clean.
Yes, we offer free initial consultations. Call us at 406-812-7634 or send us an email using our online contact form to schedule yours.
Our firm was founded in 1959 and has represented over 7,500 clients across Montana. We are affiliated with The National Trial Lawyers and the Montana Association of Criminal Defense Lawyers.
Clients consistently highlight our:
- Professionalism and dedication
- Prompt case resolution
- Respectful and compassionate service
- Willingness to go the extra mile
Visit our testimonials section for more feedback from previous clients.
We are based in Missoula, Montana, and serve clients across the state.
To begin your defense, schedule your free consultation by calling 406-812-7634 or contacting us online.