In Massachusetts, a crime which is punishable by death or imprisonment in a state prison is considered to be a felony.
Felony Sentencing and Convictions in Massachusetts
Massachusetts is a state which is unique in that each particular criminal statute specifies the possible penalty for the particular crime; there are no classifications of crimes. The following provides a sample of crimes and their respective sentences.
Murder- There are six types of “murder” charges which are possible in Massachusetts. These are as follows:
- First Degree Murder
- Second Degree Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
- Felony and Misdemeanor Motor Vehicle Homicide
- Assault with Intent to Murder
Sentencing for Murder Charges:
First Degree and Second
Degree Murder - Life imprisonment is possible
Manslaughter Charges-
Ranges from 10 years imprisonment up to life
Imprisonment
All other Murder charges-
Varies, based upon the circumstances involved in each case.
Drug Crimes- There are five types of drug classes, from A through E, depending upon the particular type of substance. These are as follows:
- Class A- heroin
- Class B-cocaine
- Class C-narcotic prescription pain medications
- Class D- marijuana
- Class E- steroids
Sentencing for Drug Crimes
There are mandatory drug crime penalties in Massachusetts depending upon the amount of drugs involved. For example, the following is a list of some mandatory penalties:
- 100-199 grams of cocaine—10 years imprisonment
- 28- 99 grams of cocaine—5 years imprisonment
- 14 to 27 grams of cocaine—3 years imprisonment
- 100 lbs to 199 lbs of marijuana= 3 years imprisonment
Rape
- Sentencing: Life imprisonment or any term of years
Indecent Assault and Battery on Child Under Age of 14
- Sentencing: Imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years.
Massachusetts Felony Records and Expungement
In Massachusetts,
the only way to have a felony record expunged, is if your case was dismissed,
nol prossed (not prosecuted) or you were acquitted.
Massachusetts Statute of Limitations
Under Massachusetts Criminal Procedure Law Chapter 277, Section 63, a prosecution for a felony must proceed against a defendant within the following time frames:
- Murder: no expiration date
- Robbery, intent to rob or murder with dangerous weapon: 10 years
- Rape, assault with intent to rape, rape/abuse/assault of child: 15 years
- All other offenses: 6 years
- Indecent assault on child, on mentally retarded person, rape/abuse/assault of child, kidnapping of minor, sexual offenses such as drugging for sex, enticing for marriage, inducing minor into prostitution, lewd and lascivious behavior or acts, dissemination of harmful matter to minors, exhibiting nudity, or crime against nature: when victim reaches 16 years of age or violation is reported (whatever comes earlier)
Help from a Lawyer in Massachusetts
If one is charged with a felony in Massachusetts, one should consider retaining an experienced criminal attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.
