Felony vs Misdemeanor in Massachusetts: Sentences and Probation

Massachusetts does not sort crimes into lettered or numbered classes. Under G.L. c. 274 s. 1, "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors," and each offense statute sets its own prison term and fine.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how the Massachusetts General Laws label crimes (G.L. c. 274 s. 1), the general sentencing sections of chapter 279 (state prison, house of correction, probation, revocation and habitual offenders), the civil infraction option in c. 277 s. 70C, the guidelines provision in c. 211E s. 3 and the probation sections of chapter 276, with a few offense statutes as examples. It does not list the penalty for every offense (see the Massachusetts theft laws and Massachusetts assault and battery laws pages), parole rules, time limits for prosecution, record clearing, city and town by-laws or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Massachusetts

The whole classification fits in two sentences of G.L. c. 274 s. 1:

"A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors."

The test is the punishment the offense statute allows, not the sentence a judge actually imposes. Some Massachusetts statutes offer a choice of punishments. Accessory after the fact, for example, is punished "by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars" (c. 274 s. 4). Because state prison is one of the options, the offense is a felony, even for a person who receives a jail term or a fine.

A misdemeanor, by contrast, is any crime whose statute does not allow a state prison sentence; the first paragraph of c. 265 s. 13D (assault and battery on a public employee), for example, sets a house of correction term, a fine, or both.

State prison and house of correction sentences

Massachusetts has no class table. The two kinds of incarceration in chapter 279 do most of the work a class system does elsewhere:

These rules frame the range for an ordinary sentence. Chapter 279 s. 25 and several offense statutes set higher or mandatory terms for some repeat convictions, described below.

The indeterminate rule is in c. 279 s. 24:

"If a convict is sentenced to the state prison, except as an habitual criminal, the court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for which he may be imprisoned. The maximum term shall not be longer than the longest term fixed by law for the punishment of the crime of which he has be convicted, and the minimum term shall be a term set by the court, except that, where an alternative sentence to a house of correction is permitted for the offense, a minimum state prison term may not be less than one year."

The house of correction limit is in c. 279 s. 23: "No sentence of a male convict to imprisonment or confinement for more than two and one half years shall be executed in any jail or house of correction." The section's text speaks of a male convict.

Examples of Massachusetts felony and misdemeanor penalties

Because every offense carries its own penalty, the examples below show how individual statutes set them. Each term is a maximum unless the row says otherwise.

First-degree murder is the top of the system. Under c. 265 s. 2(a), a person found guilty "shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127," except for an offense committed between the person's fourteenth and eighteenth birthdays, which carries life with parole eligibility "after the term of years fixed by the court pursuant to section 24 of chapter 279" (c. 265 s. 2(b)). Second-degree murder carries the same life term with court-fixed parole eligibility (c. 265 s. 2(c)). Under c. 279 s. 24, that minimum term is 15 to 25 years for a life sentence other than first-degree murder or multiple life sentences for separate incidents, and 20 to 30 years (25 to 30 years for deliberately premeditated murder, 30 years for murder with extreme atrocity or cruelty) for first-degree murder committed at 14 to 17. The Massachusetts life sentence page explains what a life term means there.

The trafficking statute, c. 94C s. 32E, sets weight tiers with mandatory minimums. For the clause quoted in the table, "No sentence imposed under this clause shall be for less than a minimum term of imprisonment of 2 years." Higher weight tiers carry longer ranges and minimums, and the same weight of heroin, morphine or opium carries 3 1/2 to 30 years (s. 32E(c)(1)). Under s. 32E(d), a person serving a mandatory minimum "shall be eligible for parole after serving one-half of the maximum term of the sentence if the sentence is to the house of correction," except where one of the aggravating circumstances listed in that subsection is found.

How a Massachusetts sentence is set

Sentencing guidelines

Under c. 211E s. 3(a)(1), the Massachusetts Sentencing Commission "shall recommend sentencing guidelines, which shall take effect only if enacted into law." The Commission describes its published guidelines this way:

"In making these Sentencing Guidelines advisory, rather than voluntary, the Commission intends to provide a starting point for consideration, and not a constraint on judicial discretion in fashioning an appropriate sentence."

Within the limits of the offense statute and c. 279 s. 24, the statutory maximum is the outer limit, not the typical sentence.

Habitual criminals and habitual offenders

Chapter 279 s. 25 has two tiers.

• Habitual criminal, s. 25(a): a person "convicted of a felony" who "has been previously twice convicted and sentenced to state prison or state correctional facility or a federal corrections facility for a term not less than 3 years by the commonwealth, another state or the United States," and who does not show a pardon on the ground of innocence, "shall be considered a habitual criminal and shall be punished by imprisonment in state prison or state correctional facility for such felony for the maximum term provided by law."
• Habitual offender, s. 25(b): a person previously convicted twice of offenses listed in the subsection (a list of violent, sex and firearm offenses), who was sentenced to at least 3 years in a state prison or state or federal correctional facility for each, and who is convicted of another listed offense "where the offense occurred subsequent to the second conviction," receives "the maximum term provided by law for the offense." The subsection adds: "No sentence imposed under this subsection shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release or furlough or receive any deduction from such person's sentence for good conduct." Under s. 25(c), juvenile and youthful offender adjudications do not count, and the sentence runs after any sentence the person is already serving.

Under s. 25(d), before accepting a guilty plea to a listed offense, or when sentencing for one, the court must tell the defendant that a third or later conviction may bring the maximum term, no reduction or suspension, and possible ineligibility for probation, parole, work release, furlough or good-conduct deductions. The subsection also says, "No otherwise valid plea or conviction shall be vacated based upon the failure to give such warnings."

Armed career criminals

Chapter 269 s. 10G sets a separate ladder for a person who violates the firearm provisions of c. 269 s. 10(a), (c) or (h) after prior convictions for a violent crime or a serious drug offense: 3 to 15 years in state prison with one prior, 10 to 15 years with two priors from separate incidents, and 15 to 20 years with three. The section continues:

"The sentences imposed upon such persons shall not be reduced to less than the minimum, nor suspended, nor shall persons convicted under this section be eligible for probation, parole, furlough, work release or receive any deduction from such sentence for good conduct until such person shall have served the minimum number of years of such sentence ... Prosecutions commenced under this section shall neither be continued without a finding nor placed on file."

Can a felony be reduced to a misdemeanor in Massachusetts?

The classification and sentencing sections described on this page, c. 274 s. 1 and c. 279 ss. 1, 23, 24 and 25, contain no provision that converts a felony into a misdemeanor, the mechanism other states call a "wobbler." The label follows from the punishment the offense statute allows, so a felony stays a felony when a judge chooses a jail term or a fine from the statute's options.

Civil infractions: the lowest tier

Chapter 274 s. 1 names only two kinds of crime, felonies and misdemeanors. Below them, c. 277 s. 70C lets a court move some cases out of the criminal track:

"Upon oral motion by the commonwealth or the defendant at arraignment or pretrial conference, or upon the court's own motion at any time, the court may, unless the commonwealth objects, in writing, stating the reasons for such objection, treat a violation of a municipal ordinance, or by-law or a misdemeanor offense as a civil infraction."

A person complained of for the civil infraction "shall be adjudicated responsible upon such finding by the court and shall not be sentenced to any term of incarceration." Where the offense carries no civil fine of its own, the section allows a fine of up to $5,000. The option does not reach every misdemeanor: the section excludes all offenses under chapters 119A, 209, 209A, 265 and 268A, along with listed sections of chapters 90, 90B, 119, 266 (section 25), 268, 269 and 272.

Separately, an automobile law violation whose maximum penalty does not provide for imprisonment is a civil motor vehicle infraction under c. 90C s. 1, with listed exceptions.

How long is probation in Massachusetts?

Massachusetts statutes let the court choose the length. Under c. 279 s. 1, when a person is sentenced to imprisonment, the court may suspend all or part of the sentence and place the person "on probation for such time and on such terms and conditions as it shall fix." Chapter 276 s. 87 lets the Superior, District and Juvenile Courts place a person on probation "for such time and upon such conditions as it deems proper," including, with the defendant's consent, before trial and before a guilty plea, or after a finding or verdict of guilty. Neither section states a maximum length, and neither distinguishes felony from misdemeanor probation.

Probation is unavailable in several situations, among them:

• Life and death offenses: c. 279 s. 1 "shall not permit the suspension of the execution of the sentence of a person convicted of a crime punishable by death or imprisonment for life."
• Habitual offenders: sentences under c. 279 s. 25(b) may not be reduced or suspended, and the person is not eligible for probation.
• Armed career criminals: c. 269 s. 10G bars suspension and probation until the minimum is served, and "The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this section."
• Repeat child rape and related offenses: under c. 276 s. 87, a person convicted again under c. 265 ss. 22A, 22B, 22C, 24B or 50(b), or c. 272 s. 35A, after a prior conviction under those sections for an offense committed at 18 or older, may not be released on parole or probation before completing five years of the sentence.
• Mandatory minimum drug sentences: under c. 94C s. 32H, a person convicted of trafficking under s. 32E is not eligible for probation until the mandatory minimum term has been served, and c. 276 s. 87 does not apply to a person 18 or older charged under that section.

For an eligible offender as c. 276 s. 87B(a) defines that term (a person on probation after serving an incarcerated sentence, other than a person supervised for a sex offense), the section provides for compliance credits: credits begin to accrue after 1 year of supervision, an offender in compliance earns 5 days for each month during the second year, and 10 days for each month after 2 years.

What happens after a probation violation in Massachusetts?

When a probationer is brought before the court, c. 279 s. 3 sets out what the court may do:

"if he has been sentenced, it may continue or revoke the suspension of the execution of his sentence; provided however, that in all cases where the probationer is served with notice of surrender and at least one of the underlying crimes for which he is on probation is a felony, then the probation officer shall provide a duplicate copy of the notice of surrender to the district attorney, and the court shall provide to the district attorney the opportunity to be heard and present evidence at the surrender hearing. If such suspension is revoked, the sentence shall be in full force and effect."

If the person has not yet been sentenced, the court "may ... sentence him or make any other lawful disposition of the case" (c. 279 s. 3). In the Superior Court, the court's guidelines for violation proceedings state: "The Probation Service bears the burden of proving a probation violation by a preponderance of the evidence and may do so by calling witnesses or introducing other evidence."

Recent changes

• Assault and battery on public employees (2025): Acts 2025 c. 79, approved December 3, 2025, amended c. 265 s. 13D so that assault and battery on any public employee, public transit worker or contracted transit worker performing their duties carries 90 days to two and one half years in a house of correction or a fine of $500 to $5,000, or both.
• Cannabis act (2026): Acts 2026 c. 65, approved April 19, 2026, amended c. 94C ss. 1, 32L, 32M and 34.

Neither act amended the classification section (c. 274 s. 1) or the chapter 279 sentencing sections described above.

Related legal issues in Massachusetts

Each offense statute sets its own penalty, so the grading of a particular crime lives in that statute. The Massachusetts theft laws page explains how larceny is punished, and the Massachusetts assault and battery laws page covers the assault offenses. For sealing an old record, see Massachusetts expungement laws. For the time limits on bringing charges, see the Massachusetts statute of limitations.

Federal gun law turns on the length of the possible sentence rather than the state label: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Some Massachusetts misdemeanors carry house of correction terms of up to two and one half years, such as assault and battery on a public employee under the first paragraph of c. 265 s. 13D. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Massachusetts theft laws
• Massachusetts assault and battery laws
• Massachusetts expungement laws
• Massachusetts life sentence
• Rhode Island felony and misdemeanor classes
• New York felony and misdemeanor classes

This article provides general legal information about how Massachusetts statutes label and punish crimes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Massachusetts.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Massachusetts?

Under G.L. c. 274 s. 1, a crime punishable by death or imprisonment in the state prison is a felony, and every other crime is a misdemeanor. The offense statute decides: if it allows a state prison sentence, the crime is a felony even when a judge imposes jail time or a fine instead.

Does Massachusetts have felony classes like Class A or Class B?

No. Massachusetts has no lettered or numbered classes; each offense statute sets its own penalty, for example up to 7 years in state prison for accessory after the fact (c. 274 s. 4). Repeat-offender laws such as c. 279 s. 25 and c. 269 s. 10G can raise the sentence.

What is the longest house of correction sentence in Massachusetts?

Under c. 279 s. 23, no sentence of a male convict for more than two and one half years may be executed in a jail or house of correction, and offense statutes such as c. 274 s. 4 and the first paragraph of c. 265 s. 13D set jail or house of correction terms of up to two and one half years.

How does a state prison sentence work in Massachusetts?

Except for a habitual criminal, the court fixes a minimum and a maximum term rather than a single term, and the maximum may not exceed the longest term the law sets for the crime (c. 279 s. 24). Where the offense also allows a house of correction sentence, the state prison minimum may not be less than one year.

Is a civil infraction a crime in Massachusetts?

Under c. 277 s. 70C, a court may treat an ordinance or by-law violation, or a misdemeanor not excluded by the section, as a civil infraction unless the Commonwealth objects in writing. The person is adjudicated responsible and may not be sentenced to any term of incarceration.

Can a felony be reduced to a misdemeanor in Massachusetts?

The classification and sentencing sections described here (c. 274 s. 1 and c. 279 ss. 1, 23, 24 and 25) contain no provision converting a felony into a misdemeanor; the label follows from what the offense statute allows. The civil infraction option in c. 277 s. 70C applies only to ordinance violations and non-excluded misdemeanors.

How long is probation in Massachusetts?

The court sets probation for such time and on such conditions as it fixes or deems proper (c. 279 s. 1, c. 276 s. 87), and those sections state no maximum length. Probation is unavailable for crimes punishable by death or life imprisonment and under listed repeat-offender and firearm statutes, among others.

What happens if you violate probation in Massachusetts?

The court may continue or revoke the suspension of the sentence, and if the suspension is revoked, the sentence is in full force and effect (c. 279 s. 3). Where an underlying crime is a felony, the district attorney gets a copy of the notice of surrender and may be heard at the surrender hearing.

Does Massachusetts have a three strikes law?

Chapter 279 s. 25 treats a person convicted of a felony after two prior state prison or federal sentences of at least 3 years as a habitual criminal who receives the maximum term for the felony. For a third listed violent, sex or firearm offense, s. 25(b) also bars reduction, suspension, probation, parole and good-conduct deductions.