Montana Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Montana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Montana, consult a licensed Montana criminal defense attorney.

Montana Burglary Penalties

OffensePenalty
First OffenseFelony: up to 10 years prison
Second OffenseAggravated felony: up to 30 years prison

MCA §45-6-204; aggravated burglary involves weapon or occupied dwelling

Burglary Statute of Limitations in Montana

In Montana, the statute of limitations for theft and property crimes is generally 5 years.

See all Montana statutes of limitations →

Defending Against Burglary Charges in Montana

Common defenses in Montana burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Montana criminal defense attorney for advice.

Related Montana Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication