What is a Felony in Massachusetts?

Written By: Matthew W. Peterson

Published: 02/07/2020

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Understanding Felony in Massachusetts

The felony in Massachusetts has a simple definition, but the application can be complicated. Any crime that can result in time in state prison is by definition a felony in Massachusetts. However, many felonies in Massachusetts can be punished either by state prison time or house of corrections. This will depend on whether the case is indicted – whether the case is being held in district court or superior court.

The Indictment Process

Indictment is the process of going before a grand jury. The grand jury is a collection of citizens that decides whether to indict someone. The district attorney presents the case before the grand jury – you and your defense attorney are not involved.

State prison can only be imposed by a superior court after an indictment, while district courts impose time in the house of corrections (up to two-and-a-half years). Probation can also be imposed at either level. A felony in Massachusetts can be tried either in district court or superior court, depending on whether it’s indicted.

What Should I Do if I'm Charged with a Felony in Massachusetts?

That sounds very complicated, but here’s what’s important. If you’re arrested for a felony in Massachusetts, the district attorney in your county will decide whether to indict you or not. This will generally happen in district court.

Some felonies cannot be dealt with in district court at all. They must be either indicted and sent to a superior court or broken down to a misdemeanor in district court. If the district attorney decides to indict your case, you will go to superior court and face state prison time. If the district attorney decides not to indict you, you will stay in district court, and the maximum sentence is two-and-a-half years in the House of corrections. In Massachusetts, it is up to the district attorney whether to indict a felony or prosecute it in district court.

Seeking Legal Representation

If you’re charged with a felony, you need a criminal defense attorney in Boston Massachusetts who will fight for you every step of the way. Call the Law Office of Matthew Peterson today at (617) 295-7500, and let’s get started on your defense.

Frequently Asked Questions (FAQs)

1. What are the differences between a felony and a misdemeanor in Massachusetts?

A felony is generally a more serious crime that can result in state prison time, while a misdemeanor is less severe and typically results in shorter sentences, often served in a house of corrections or through fines. Misdemeanors usually carry a maximum penalty of up to two-and-a-half years, whereas felonies can lead to longer sentences.

2. How can I find out if I have a felony charge against me?

You can check your criminal record through the Massachusetts Executive Office of Public Safety and Security or contact your local district court. Additionally, if you have been arrested, you should have received documentation outlining the charges against you.

3. What are the potential consequences of having a felony conviction on my record?

A felony conviction can lead to significant long-term consequences, including difficulty finding employment, loss of voting rights, restrictions on professional licenses, and challenges in securing housing. It may also affect your ability to obtain certain government benefits.

4. Can I appeal a felony conviction in Massachusetts?

Yes, you can appeal a felony conviction in Massachusetts. The appeal must be filed within a specific timeframe after the conviction, typically within 30 days. It is advisable to consult with an attorney who specializes in appeals to guide you through the process.

5. What should I do if I believe I am being wrongfully accused of a felony?

If you believe you are being wrongfully accused, it is crucial to contact a qualified Boston criminal defense attorney immediately. They can help gather evidence, build your defense, and represent you in court to challenge the accusations against you effectively.