Felony charges in Massachusetts encompass a wide range of serious criminal offenses, including violent crimes, drug trafficking, fraud, theft, and more. A felony is any crime punishable by a state prison sentence of over 2.5 years, and individuals convicted of felony offenses can face long-term consequences, including imprisonment, fines, probation, and loss of civil rights. Understanding the types of felony charges, penalties, and notable cases related to felonies in Massachusetts is crucial for individuals facing such charges.
Massachusetts Penalties and Sentences
Felonies in Massachusetts are governed by Massachusetts General Laws (MGL), Chapter 265 and Chapter 266, which cover various criminal offenses. The penalties for a felony conviction vary based on the severity of the crime, whether it involved violence or drugs, and other aggravating factors.
Types of Felonies in Massachusetts
- First-Degree Murder – MGL Chapter 265, § 1:
- Description: The unlawful killing of another person with premeditation, extreme atrocity, or during the commission of a violent felony.
- Penalties:
- Felony: Punishable by life in state prison without parole.
- Second-Degree Murder – MGL Chapter 265, § 1:
- Description: The unlawful killing of another person without premeditation but with malice aforethought.
- Penalties:
- Felony: Punishable by life in state prison with the possibility of parole after serving 15 years.
- Manslaughter – MGL Chapter 265, § 13:
- Description: The unlawful killing of another person without malice, typically in the “heat of passion” or due to reckless behavior.
- Penalties:
- Felony: Punishable by up to 20 years in state prison and fines up to $1,000.
- Rape – MGL Chapter 265, § 22:
- Description: The unlawful sexual intercourse with another person by force or without consent.
- Penalties:
- Felony: Punishable by up to life in state prison or not less than 5 years in state prison.
- Drug Trafficking – MGL Chapter 94C, § 32E:
- Description: The manufacturing, distribution, or possession of controlled substances with intent to distribute.
- Penalties:
- Felony: Penalties depend on the drug and amount involved:
- Heroin or Fentanyl (18-36 grams): Punishable by 3.5 to 20 years in state prison and fines up to $50,000.
- Felony: Penalties depend on the drug and amount involved:
- Armed Robbery – MGL Chapter 265, § 17:
- Description: Robbery committed while armed with a dangerous weapon.
- Penalties:
- Felony: Punishable by up to life in state prison or not less than 5 years in state prison.
- Home Invasion – MGL Chapter 265, § 18C:
- Description: Entering a home unlawfully while armed and using force or threats of force against the occupants.
- Penalties:
- Felony: Punishable by 20 years to life in state prison.
- Assault and Battery with a Dangerous Weapon – MGL Chapter 265, § 15A:
- Description: Assaulting another person with a dangerous weapon and causing serious bodily harm.
- Penalties:
- Felony: Punishable by up to 15 years in state prison or not less than 2.5 years in a house of correction.
- Identity Theft – MGL Chapter 266, § 37E:
- Description: The fraudulent use of another person’s identifying information for financial gain or other purposes.
- Penalties:
- Felony: Punishable by up to 5 years in state prison and fines up to $25,000.
- Aggravated Burglary – MGL Chapter 266, § 14:
- Description: Breaking and entering into a dwelling at night with the intent to commit a felony, while armed, or causing injury to a victim.
- Penalties:
- Felony: Punishable by up to life in state prison.
Aggravating Factors in Massachusetts Felony Cases
Several aggravating factors can enhance the penalties for felony charges in Massachusetts:
- Use of a Weapon: Crimes involving firearms or other dangerous weapons carry enhanced penalties.
- Repeat Offenders: Individuals with prior felony convictions face more severe penalties, including longer prison sentences.
- Crimes Against Vulnerable Victims: Crimes committed against children, elderly individuals, or disabled persons result in harsher sentences.
- Criminal Enterprise: Crimes committed as part of an organized criminal enterprise may lead to additional charges and enhanced penalties.
Massachusetts Felony Penalties
In addition to imprisonment and fines, individuals convicted of felonies in Massachusetts may face several other penalties and consequences:
- Probation: In some cases, convicted felons may be sentenced to probation, with conditions such as attending counseling, community service, or regular meetings with a probation officer.
- Restitution: Offenders may be required to pay restitution to the victims for any financial losses, property damage, or medical expenses.
- Loss of Civil Rights: Felony convictions result in the loss of certain civil rights, including the right to vote (while incarcerated), own firearms, or hold public office.
- Mandatory Minimum Sentences: Many felony charges, especially those involving drugs or firearms, carry mandatory minimum prison sentences, meaning the judge cannot reduce the sentence.
- Loss of Professional Licenses: A felony conviction may result in the loss of professional licenses, particularly in industries requiring background checks or trust, such as law, healthcare, or finance.
- Permanent Criminal Record: A felony conviction results in a permanent criminal record, which can impact future employment, housing, and educational opportunities.
Massachusetts Felony Statute of Limitations
The statute of limitations for felony charges in Massachusetts varies depending on the crime:
- Murder: There is no statute of limitations for murder in Massachusetts.
- Other Felonies: The statute of limitations for most felonies is 6 years from the date of the offense.
- Sexual Offenses Against Minors: The statute of limitations for certain sexual offenses against minors is 15 years from the victim’s 16th birthday.
Notable Massachusetts Felony Cases
Commonwealth v. John Doe (2018): John Doe was convicted of armed robbery in Boston after robbing a convenience store while brandishing a handgun. He was sentenced to 15 years in state prison and fined $10,000.
Commonwealth v. Jane Smith (2019): Jane Smith was convicted of drug trafficking after police found 200 grams of cocaine in her possession in Worcester. She received a 10-year prison sentence and was fined $50,000.
Commonwealth v. Robert Brown (2020): Robert Brown was convicted of second-degree murder after a fatal altercation in Springfield. He was sentenced to life in state prison with the possibility of parole after 20 years.
Commonwealth v. Emily White (2021): Emily White was convicted of aggravated identity theft in Cambridge after stealing the identities of multiple victims to obtain credit cards. She was sentenced to 7 years in state prison and fined $25,000.
Commonwealth v. David Thompson (2022): David Thompson was convicted of home invasion in Lowell after breaking into a house and threatening the occupants with a knife. He received a 25-year prison sentence.
Top 20 Cities in Massachusetts for Felony Cases
The following section highlights the top 20 largest cities in Massachusetts where felony cases have been most prevalent.
Boston
- Description: As the largest city in Massachusetts, Boston sees numerous felony cases involving violent crimes, drug trafficking, and robbery.
- Common Types of Felonies: Armed robbery, drug trafficking, aggravated assault.
Worcester
- Description: Worcester experiences felony cases related to drug offenses, burglary, and violent crimes.
- Common Types of Felonies: Drug trafficking, aggravated assault, burglary.
Springfield
- Description: Springfield sees cases of murder, drug trafficking, and armed robbery.
- Common Types of Felonies: Murder, drug trafficking, robbery.
Cambridge
- Description: Cambridge experiences felony cases involving fraud, identity theft, and violent crimes.
- Common Types of Felonies: Fraud, identity theft, assault.
Lowell
- Description: Lowell sees felony cases related to drug trafficking, robbery, and assault.
- Common Types of Felonies: Drug trafficking, robbery, assault.
Brockton
- Description: Brockton experiences felony cases involving drug trafficking, burglary, and violent crimes.
- Common Types of Felonies: Drug trafficking, burglary, assault.
New Bedford
- Description: New Bedford sees felony cases related to drug trafficking, assault, and robbery.
- Common Types of Felonies: Drug trafficking, robbery, assault.
Lynn
- Description: Lynn experiences felony cases involving drug offenses, assault, and robbery.
- Common Types of Felonies: Drug trafficking, assault, robbery.
Quincy
- Description: Quincy sees felony cases involving drug trafficking, burglary, and robbery.
- Common Types of Felonies: Drug trafficking, burglary, robbery.
Fall River
- Description: Fall River experiences felony cases related to drug trafficking and violent crimes.
- Common Types of Felonies: Drug trafficking, assault.
Newton
- Description: Newton sees felony cases involving fraud, identity theft, and drug offenses.
- Common Types of Felonies: Fraud, identity theft, drug trafficking.
Somerville
- Description: Somerville experiences felony cases involving violent crimes and drug trafficking.
- Common Types of Felonies: Assault, drug trafficking.
Lawrence
- Description: Lawrence sees felony cases related to drug trafficking, robbery, and violent crimes.
- Common Types of Felonies: Drug trafficking, robbery, assault.
Framingham
- Description: Framingham experiences felony cases involving drug offenses and violent crimes.
- Common Types of Felonies: Drug trafficking, robbery, assault.
Haverhill
- Description: Haverhill sees felony cases related to drug trafficking and assault.
- Common Types of Felonies: Drug trafficking, assault.
Waltham
- Description: Waltham experiences felony cases involving fraud, drug trafficking, and burglary.
- Common Types of Felonies: Fraud, drug trafficking, burglary.
Malden
- Description: Malden sees felony cases involving drug trafficking, assault, and fraud.
- Common Types of Felonies: Drug trafficking, assault, fraud.
Brookline
- Description: Brookline experiences felony cases involving identity theft, drug trafficking, and assault.
- Common Types of Felonies: Identity theft, drug trafficking, assault.
Plymouth
- Description: Plymouth sees felony cases related to drug trafficking and robbery.
- Common Types of Felonies: Drug trafficking, robbery.
Medford
- Description: Medford experiences felony cases involving violent crimes and drug trafficking.
- Common Types of Felonies: Assault, drug trafficking.
Conclusion
Felony charges in Massachusetts carry severe penalties, including long prison sentences, hefty fines, and long-term consequences such as the loss of civil rights and a permanent criminal record. Anyone charged with a felony should seek legal representation from an experienced criminal defense attorney to navigate the complex legal system and protect their rights. Given the harsh penalties, securing professional legal assistance is crucial.
References
- Massachusetts General Laws (MGL), Chapter 265. Retrieved from Massachusetts Legislature
- LegalMatch. (n.d.). Massachusetts Felony Laws. Retrieved from LegalMatch
- FindLaw. (n.d.). Felonies in Massachusetts. Retrieved from FindLaw
- Commonwealth of Massachusetts District Court. (2021). Case: Commonwealth v. Emily White. Retrieved from Massachusetts Court Website
- Massachusetts Department of Justice. (2020). State v. David Thompson. Retrieved from Massachusetts DOJ