Distinguishing Misdemeanors and Felonies in Massachusetts

No matter the type or degree of crime, if you are charged with a crime in Massachusetts, you undoubtedly have questions and fears. You may be worried about your future and the penalties you face, as well as immediate next steps, such as whether you need to retain legal counsel and what your rights are. At The Law Office of Paul R. Moraski, we can help. Call today for a consultation with an attorney who can help you to understand the differences between misdemeanors and felonies, how best to defend yourself, and more. 

How Are Crimes Classified in Massachusetts?

In Massachusetts, criminal acts are classified as either misdemeanors or felonies. See below for an understanding of the distinctions, and examples of crimes that fall into each category:

  • Misdemeanor crimes. In Massachusetts, the threshold for determining whether an action is a non-criminal offense or a criminal one is simple: if the potential punishment for the action carries time in a house of corrections or jail, the crime is a misdemeanor. Examples of misdemeanors include:
    • Simple assault and battery
    • Reckless driving
    • Petty theft/larceny
    • Driving under the influence
  • Felony crimes. Felony crimes are more serious, and therefore carry more serious penalties. Unlike misdemeanors that can result in spending time in jail, a felony can result in time in prison. Examples of felony crimes include:
    • Armed robbery
    • Larceny
    • Arson
    • Vehicular manslaughter
    • Murder
    • Rape

The above lists are not inclusive. 

Penalties for Misdemeanor vs. Felony Offenses in MA

As noted above, the primary distinguishing factor between misdemeanor and felony crimes in Massachusetts is the severity of the penalty: while misdemeanors are punishable by a term in a house of corrections/jail, felonies carry a prison sentence if the defendant is convicted. That said, the length of sentence can vary dramatically depending on the crime, and jail/prison may not always be part of the sentence — a fine or a period of probation may be used in place of incarceration. If you are facing criminal charges and want to know the specific penalties associated with the crime for which you have been accused, it’s best to speak to an experienced Massachusetts criminal defense attorney. 

Actions to Take When Facing Criminal Charges

If you are facing criminal charges, you should immediately consult an attorney. You have a right to legal counsel, and exercising that right can protect your interests. Your attorney will:

  • Help you to understand the charges you’re facing
  • Explain penalties associated with the charges
  • Help you to build your defense
  • Assist you in navigating the process — this includes entering a plea, understanding your Constitutional rights, representing you before the court, etc.
  • Review the prosecution’s evidence against you
  • Ensure that your Constitutional rights are protected
  • Build your defense
  • Negotiate a plea bargain
  • Represent your best interests

In addition to hiring an attorney, you should also refrain from engaging in any criminal activity, ensure that you are physically safe, and refrain from contact with anyone who may be involved in the alleged crime. 

Call The Law Office of Paul R. Moraski Today

For a consultation with a Massachusetts criminal defense attorney you can count on, call The Law Office of Paul R. Moraski today. You can reach our law firm online or by phone at (978) 397-0011. We are here to advocate for you!