In Massachusetts, the distinction between a misdemeanor and a felony is determined by the potential punishment listed in the criminal statute. If you are facing criminal charges, consulting with an experienced Boston criminal defense lawyer can help you understand the specific classification and penalties associated with your case.
Misdemeanor: If the statute mentions punishment only in the house of correction (aka jail), the offense is a misdemeanor. The house of correction is a county-level facility where sentences of two and a half years or less are served.
Felony: If the statute lists punishment in either the house of correction OR state prison, the offense is a felony. State prison is a higher-security facility where longer sentences are served.
Misdemeanor vs Felony in Massachusetts Criminal Law
Simple Assault and Battery (Misdemeanor)
The statute states: “whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than two and a half years in a house of correction or by a fine of not more than $1,000.”
Because this statute only mentions the house of correction, simple assault and battery is a misdemeanor.
Assault with a Deadly Weapon
Also known as as ‘assault by means of a dangerous weapon” in Massachusetts law, the statute states: “whoever commits an assault and battery upon another by means of a dangerous weapon shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than two and a half years.”
Because this statute mentions both state prison and house of correction as potential punishment options, assault and battery by means of a dangerous weapon is a felony. More serious forms of this offense, such as aggravated assault resulting in serious bodily injury, carry even harsher penalties under Massachusetts law.
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Examples of Misdemeanors in Massachusetts
Massachusetts does not classify misdemeanors into different classes. Instead, each criminal statute spells out the specific penalties for that offense. In Massachusetts, misdemeanors may be punished by as much as 30 months (2½ years) in jail or a house of corrections and a fine. Here are common examples:
Criminal Harassment
- Penalty: Up to 30 months of incarceration and a fine of up to $1,000
Disorderly Conduct
- Penalty: Punishable by fines and potential jail time in a house of correction
First-Time Operating Under the Influence (OUI/DUI)
- Penalty: Varies but typically includes fines, license suspension, and potential jail time up to 2½ years in a house of correction
- Penalty: Fines and potential incarceration in a house of correction
Trespassing
- Penalty: Fines and potential jail time in a house of correction
Vandalism
- Penalty: Fines and potential incarceration in a house of correction
Drug Possession (small amounts)
- Penalty: Fines and potential jail time up to 2½ years in a house of correction
Reckless Driving (without death or serious injury)
- Penalty: Fines and potential jail time in a house of correction
Enhanced Penalties for Certain Misdemeanors
Some misdemeanor offenses carry enhanced penalties under specific circumstances. For instance, a person convicted of a second or subsequent harassment and stalking crime will face an enhanced felony charge that includes a minimum 2-year sentence and a maximum 10-year sentence.
Additionally, assault and battery committed against a police officer, EMT, ambulance operator, or healthcare provider carries a minimum 90-day jail sentence and a minimum $500 fine.
Examples of Felonies in Massachusetts
Like misdemeanors, Massachusetts does not group felonies into different classes for sentencing purposes. Each criminal statute includes the specific range of possible penalties for that offense. Very severe crimes like murder and attempted murder, rape and sexual assault, arson, assault with a dangerous weapon, kidnapping, and vehicular manslaughter are all examples of felony offenses in Massachusetts.
First-Degree Murder
- Penalty: Life in prison without the possibility of parole (only defendants age 21 or older at the time of the crime)
Indecent Assault and Battery (on a person 14 or older)
- Penalty: Imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.
Armed Robbery
- Penalty: Imprisonment in the state prison for life or for any term of years.
- If armed robbery is committed while masked or disguised, the mandatory minimum sentence is 5 years in state prison for a first offense and 10 years for any subsequent offense.
- If armed robbery is committed while armed with a firearm, the mandatory minimum sentence is 5 years in state prison for a first offense and 15 years for any subsequent offense
Vehicular Manslaughter
- Penalty: Mandatory minimum of 5 years in prison and a maximum of 20 years, plus a fine of up to $25,000 and suspension of the defendant’s driver’s license from 15 years to life
Stalking
- Penalty: An individual found guilty of stalking is liable to a jail term at a state prison for a period that should not be more than 5 years or a fine that should not be more than $1,000. Alternatively, imprisonment at the house of correction for up to 2½ years, or a combination of fines and imprisonment.
Kidnapping
- Penalty: Imprisonment in state prison with penalties varying based on circumstances
Arson
- Penalty: State prison sentence with length depending on the degree and circumstances
- Penalty: Mandatory minimum sentences depending on the type and amount of drugs, with potential for lengthy state prison sentences and substantial fines
Larceny (grand theft)
- Penalty: State prison sentence, with length depending on the value of property stolen
Aggravated Assault and Battery
- Penalty: When assault and battery results in serious bodily injury, sentences can range from at least one year to a maximum of 5 years in state prison, or up to 30 months in a house of correction, and/or a fine of up to $5,000
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Contact a Boston Criminal Defense Attorney Today
If you or a loved one is facing misdemeanor or felony charges in Massachusetts, time is of the essence. Call Nate Amendola Defense immediately to speak with an experienced criminal defense attorney in Boston who can protect your rights and build a strong defense strategy. We offer a free initial consultation that is completely discreet and confidential.
Our team is available 24/7 to answer your questions and provide the aggressive legal representation you need during this challenging time. Don’t wait. Contact us today to discuss your case and explore your legal options.
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