What is the Difference Between a Felony and a Misdemeanor in Massachusetts?

An overview of the criminal court system in Massachusetts

Understanding the criminal court system is critical to successful litigation.  In Massachusetts, there are two kinds of trial courts that hear criminal cases: the superior courts and the district (or in Boston, "municipal") courts.  There are also two kinds of jails: state prisons and county houses of correction.

The critical difference between state prison and the house of correction is the maximum sentence allowed for each institution.  A sentence to the house of correction can never exceed two-and-one-half-years for a single offense.  A sentence to the state prison can be for any term of years up to and including a life sentence.  In either case, sentences cannot exceed the maximum penalty permitted for any specific crime in the Massachusetts General Laws.

Our criminal code is written in the Massachusetts General Laws by our legislature, and each crime includes a maximum sentence that a trial judge may not exceed.  Some crimes include state prison sentences.  Others include only house of correction sentences.  Others do not permit a judge to sentence a person to any period of incarceration, but permit periods of probation or monetary fines.  For example, our General Laws indicate that the crime of assault and battery can be punished by no more than two-and-one-half years in the house of correction, probation and/or a fine of $1000.

A superior court judge has the broadest sentencing authority.  She can sentence a convicted person to either the house of correction for as much as two-and-one-half years or to state prison for any amount of time including life in prison, depending on the maximum penalty permitted for the particular crime.  A district court judge can sentence a convicted person only to the house of correction and for no more than two-and-one-half years for a single offense.  Any judge can sentence a person to probation or to pay a fine if the conviction allows for that kind of  punishment.

What's the difference between a felony and a misdemeanor in Massachusetts?

Here's the short answer.  If the crime you are accused of cannot be punished by a state prison sentence, it is a misdemeanor.  If it includes a possible state prison sentence, it is a felony.  Just look at the particular law you are charged with in the Massachusetts General Laws for the words "state prison" and you will have your answer.  If there is no possible state prison sentence written into the law, it is a misdemeanor.

Our legislature defines felonies and misdemeanors in the General Laws of Massachusetts, at chapter 274, section 1.  In a rare moment of clarity, our legislature wrote in section 1: "A crime punishable by death or imprisonment in the state prison is a felony.  All other crimes are misdemeanors."  The death penalty has been abolished in Massachusetts state courts, but exists in the federal courts.

Understanding the difference between state prisons and houses of correction described above is therefore the key to understanding the difference between felonies and misdemeanors in Massachusetts.

In Sum:

Felonies:

In Massachusetts, a felony is defined as a crime that can be punished by a state prison sentence up to and including life in prison. If the law that a person is charged with committing includes a possible state prison sentence, it is considered a felony in Massachusetts.  Felony crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery.  A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote, loss of employment and deportation from the United States.

Misdemeanors:

In Massachusetts, a misdemeanor is defined as an offense that cannot be punished by a state prison sentence.  Typical sentences for misdemeanors in Massachusetts include incarceration in the house of correction or periods of probation.  Misdemeanors can be serious.  Unlike felonies, which are ordinarily heard in state superior court, misdemeanors are usually handled by the district or municipal court.