Massachusetts criminal statutes identify a wide range of illegal conduct. These offenses are punishable by fines and, in some cases, jail time. The Massachusetts General Laws cover all infractions, misdemeanors, and felonies.
The Massachusetts Rules of Criminal Procedure are utilized to ensure fairness and uniformity. The Massachusetts court system handles proceedings in criminal cases at various levels, including:
- District court
- Superior courts
- Local courtrooms like the Boston Municipal Court
The Commonwealth takes bold steps to protect its citizens and improve their safety. Medical and recreational marijuana use is permitted, albeit with limits. In 1978, Massachusetts was the first to create a restraining order registry. It was also the first to use GPS tracking for domestic violence offenders.
There are a tremendous number of criminal laws in Massachusetts. This section offers dozens of articles explaining many of the laws you may encounter. Consider speaking with a Massachusetts criminal defense attorney for further expert insight.
Types of Criminal Offenses in Massachusetts
Like some other states, Massachusetts categorizes offenses as either infractions, misdemeanors, or felonies. Instead of using classes for felonies, Massachusetts employs a complex set of sentencing guidelines combined with its Master Crime List.
When determining charges and penalties, this system considers:
"Staircase" factors change the seriousness level of an offense based on things like:
- The value of property lost (such as larceny or fraud)
- The display of a gun (armed robbery)
- Dwelling versus non-dwelling (breaking and entering)
- The degree of injury to the victim of violent crimes (such as assault, battery, or rape)
Judges use the guidelines by applying each factor to determine a sentence range.
Felonies are the most serious crimes and include any act that is punishable by time in a state prison or the death penalty. Misdemeanors are lesser criminal offenses punished through fines and imprisonment in a House of Correction (county jail). Infractions aren't criminal charges and are punished by fines.
Massachusetts Criminal Laws - Crime Categories
Massachusetts criminal laws are divided into separate categories. In the table below, we've provided direct links to the Massachusetts code and examples of different crimes and topics covered by each chapter.
Category
|
Code Section
|
Examples
|
---|
Money Laundering
|
Chapter 267A
|
Money laundering and forfeiture
|
Crimes Against Public Justice
|
Chapter 268
|
|
Witness Protection in Criminal Matters
|
Chapter 263A
|
Witness protection services and processes
|
Forgery and Crimes Against the Currency
|
Chapter 267
|
|
Rights of Persons Accused of Crime
|
Chapter 263
|
|
Crimes Against Governments
|
Chapter 264
|
Treason
Promotion of anarchy
Subversive organizations
|
Crimes Against the Person
|
Chapter 265
|
|
Financial Disclosure by Certain Public Officials and Employees
|
Chapter 268B
|
Rules on ethics, gifts, and penalties for certain public officials
|
Enterprise Crime
|
Chapter 271A
|
Loansharking
Illegal gambling
|
Crimes Against Public Policy
|
Chapter 271
|
Lotteries
Gambling crimes
Horse racing regulations
|
Crimes Against Public Health
|
Chapter 270
|
|
Conduct of Public Officials
|
Chapter 268A
|
Corrupt gifts
Ethics commissions
|
Crimes Against Public Peace
|
Chapter 269
|
|
Desertion, Non-Support, and Illegitimacy
|
Chapter 273
|
|
Crimes Against Chastity, Morality, Decency, and Good Order
|
Chapter 272
|
Polygamy
Disinterring of bodies
Stolen valor
|
Felonies, Accessories, and Attempts to Commit Crimes
|
Chapter 274
|
Conspiracy
Attempt crimes
|
Crimes Against Property
|
Chapter 266
|
Arson
Larceny
Burglary
Poultry theft
|
If you're facing any type of criminal charges, it's a good idea to have an expert on your side. Talk to a criminal defense lawyer for legal advice.
Gun Laws and Self-Defense
Massachusetts has strict gun laws. This may account for it having the second-lowest gun death rate in the nation. There are provisions for domestic violence offenders, ghost gun bans, and restrictions on magazine size and concealed carry.
Massachusetts does not have a stand-your-ground law. Citizens have a duty to retreat if possible, and self-defense is a last resort. If physical force is necessary, the defendant must avoid using excessive force.
There's no expectation of a duty to retreat in your own dwelling. Massachusetts recognizes the castle doctrine, which allows a response of reasonable force if confronted in your home.
Dealing With Criminal Law Issues in Massachusetts? An Attorney Can Help
If you're convicted of a crime in Massachusetts, your criminal record can affect your entire future. Understanding the general laws of Massachusetts isn't always easy. A Massachusetts criminal defense lawyer can examine your criminal case and indictments, explain the court rules, and help you achieve the best outcome possible.