Massachusetts Criminal Law: Felonies, Misdemeanors, and Penalties

Massachusetts criminal law classifies offenses into felonies and misdemeanors, each carrying distinct procedural pathways, sentencing ranges, and collateral consequences. This page maps the classification framework under the Massachusetts General Laws (M.G.L.), the penalty structure enforced through the Massachusetts court system, and the procedural boundaries that govern how criminal cases move from charge to disposition. Attorneys, defendants, researchers, and policy professionals working within the Commonwealth rely on these distinctions to assess exposure, evaluate options, and navigate the trial and appellate courts.

Definition and scope

Massachusetts does not maintain a single statutory definition of "felony" in the way some states do. Instead, M.G.L. c. 274, § 1 defines a felony as any crime punishable by death or imprisonment in a state prison (M.G.L. c. 274, § 1). A misdemeanor is any crime not so punishable — that is, offenses carrying maximum incarceration in a house of correction rather than state prison. This functional distinction, rooted in the place and duration of potential confinement, drives a cascade of procedural and sentencing consequences throughout the system.

State prison sentences in Massachusetts are administered by the Massachusetts Department of Correction (DOC), while sentences of up to 2.5 years are served in county houses of correction operated under county sheriff authority. The 2.5-year threshold therefore serves as the operative dividing line between felony-level and misdemeanor-level incarceration.

This page covers offenses defined and prosecuted under Massachusetts state law — primarily M.G.L. Title I (Crimes and Punishments) and Title II (Proceedings in Criminal Cases). Federal offenses prosecuted in the U.S. District Court for the District of Massachusetts under the United States Code fall outside this page's scope. Juvenile adjudications processed through the Massachusetts Juvenile Court are governed by distinct procedures and do not constitute criminal convictions for most purposes. Civil infractions, including motor vehicle civil violations under M.G.L. c. 90C, are also not covered here.

How it works

The Massachusetts criminal process operates through a defined sequence of phases governed by the Massachusetts Rules of Criminal Procedure and applicable statutes. For a broader procedural overview, see Massachusetts Criminal Procedure Overview.

1. Charging and Complaint
Most criminal cases originate through a clerk-magistrate hearing in the Massachusetts District Court, where a magistrate determines probable cause before a complaint issues. Felony cases may alternatively originate by grand jury indictment, which is required for first-degree murder and mandatory for offenses carrying a potential life sentence (M.G.L. c. 263, § 4).

2. Arraignment and Bail
Following complaint or indictment, defendants are arraigned and bail is set under M.G.L. c. 276, §§ 57–58A. Dangerousness hearings under § 58A can result in pretrial detention for specified serious offenses. For a detailed treatment of pretrial detention standards, see Massachusetts Bail and Pretrial Detention.

3. Pretrial Proceedings
Discovery, motions to suppress, and pretrial conferences proceed under the Massachusetts Rules of Criminal Procedure. Defendants charged with felonies have a right to a probable cause hearing in District Court before transfer to Superior Court, unless the case is indicted directly by a grand jury.

4. Trial
Felony trials are conducted in the Massachusetts Superior Court, which has exclusive original jurisdiction over all crimes punishable by more than 5 years in state prison and concurrent jurisdiction over other felonies. District Court retains jurisdiction over misdemeanors and felonies punishable by up to 5 years. Defendants in either court have a constitutional right to a jury of 6 in District Court and 12 in Superior Court under the Massachusetts Declaration of Rights, Article 12.

5. Sentencing
Sentencing follows conviction by plea or verdict. Judges consult the Massachusetts Sentencing Guidelines — issued by the Massachusetts Sentencing Commission — which establish recommended ranges based on offense gravity and prior record, though they are advisory rather than mandatory. Mandatory minimum statutes apply to specific offenses (e.g., armed career criminal provisions under M.G.L. c. 269, § 10G).

6. Post-Conviction Relief
Appeals proceed to the Massachusetts Appeals Court and, by further appellate review, to the Supreme Judicial Court. Post-conviction motions under Mass. R. Crim. P. 30 permit collateral challenges based on newly discovered evidence or constitutional violations. Record sealing and expungement are governed by M.G.L. c. 276, §§ 100A–100C; see Massachusetts Expungement and Record Sealing for the qualification criteria.

Common scenarios

Massachusetts criminal practice addresses a defined range of frequently charged offense categories:

• Assault and Battery (M.G.L. c. 265, § 13A): Simple assault and battery is a misdemeanor punishable by up to 2.5 years in a house of correction and/or a fine of up to $1,000. Aggravated versions — including assault and battery with a dangerous weapon (M.G.L. c. 265, § 15A) — are felonies carrying up to 10 years in state prison.

• Larceny (M.G.L. c. 266, § 30): Larceny of property valued over $1,200 is a felony punishable by up to 5 years in state prison. Larceny of property valued at $1,200 or less is a misdemeanor. The $1,200 threshold was established by statute and represents the primary classification boundary for property crimes of this type (M.G.L. c. 266, § 30).

• Drug Offenses (M.G.L. c. 94C): Possession of a controlled substance is generally a misdemeanor for first-offense simple possession. Distribution and trafficking offenses are felonies, with mandatory minimum sentences tied to drug weight thresholds — for example, trafficking in cocaine at 36 grams or more carries a mandatory minimum of 5 years under M.G.L. c. 94C, § 32E.

• Operating Under the Influence (M.G.L. c. 90, § 24): A first OUI offense is a misdemeanor. A third or subsequent offense is a felony. OUI causing serious bodily injury is a felony under § 24L.

• Breaking and Entering (M.G.L. c. 266, § 16): Nighttime breaking and entering with intent to commit a felony carries up to 20 years in state prison. The daytime variant under § 18 carries up to 10 years.

Decision boundaries

Felony vs. Misdemeanor: The controlling variable is the authorized place of incarceration. If the maximum sentence for an offense may be served in state prison, the offense is a felony under M.G.L. c. 274, § 1. If the maximum is a house of correction term — regardless of whether the sentence could also be state prison at the judge's election — classification depends on the statutory maximum as written. This distinction affects grand jury rights, jury composition, court venue, firearm disabilities under M.G.L. c. 140, § 131, and eligibility for record sealing under M.G.L. c. 276, § 100A.

Concurrent vs. Superior Court Jurisdiction: Felonies punishable by up to 5 years may be tried in District Court with the defendant's consent. Felonies punishable by more than 5 years require Superior Court. Prosecutors may elect to present any felony to a grand jury and proceed by indictment directly in Superior Court, bypassing District Court entirely.

Mandatory Minimums vs. Guideline Sentences: For offenses without mandatory minimum statutes, judges apply the Massachusetts Sentencing Guidelines' advisory ranges. For offenses with mandatory minimums — including armed career criminal enhancements, certain drug trafficking weights, and repeat OUI offenses — judicial discretion below the statutory floor is prohibited. The Massachusetts Sentencing Commission publishes the current guidelines matrix at mass.gov/sentencing-commission.

Collateral Consequences: A felony conviction in Massachusetts can trigger firearm licensing disqualification under M.G.L. c. 140, § 131, professional licensing restrictions across boards overseen by the Division of Professional Licensure, and immigration consequences for non-citizens. Misdemeanor convictions may also carry collateral consequences depending on the specific offense. The regulatory context for the Massachusetts legal system provides broader context on how these statutory schemes interact with administrative licensing frameworks. The Massachusetts Legal Services Authority home offers a structured entry point to the full range of state legal topics.

Juvenile vs. Adult: Offenders under age 18 are presumptively processed through the Massachusetts Juvenile Court under M.G.L. c. 119. Youthful offender proceedings allow prosecution of juveniles as adults for certain serious offenses under M.G.L. c. 119, § 54, a distinct classification that falls outside the standard felony/misdemeanor framework applicable to adults.

References

• [Massachusetts General Laws c. 274, § 1 — Definition of Felony](https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter274/Section