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Massachusetts Criminal Laws

Learn about your state’s laws by using the links below.

By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed
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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

  • Forgery

  • Passing counterfeit banknotes

  • Possessing tools for making counterfeit currency

Rights of Persons Accused of Crime

Chapter 263

  • Right to know the grounds of an arrest

  • Right to an indictment

  • Protection against double jeopardy

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

  • Spitting

  • Smoking

  • Illegal sale of alcohol or tobacco products

Conduct of Public Officials

Chapter 268A

  • Corrupt gifts

  • Ethics commissions

Crimes Against Public Peace

Chapter 269

  • Possession of dangerous firearms

  • Hazing

  • Unlawful assembly

Desertion, Non-Support, and Illegitimacy

Chapter 273

  • Spousal or child abandonment

  • Lack of support

  • Neglect

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.

Learn About Massachusetts Criminal Laws

  • Massachusetts Gun Control Laws

    The basics of gun control laws in Massachusetts, which are some of the strictest in the nation; including a list of illegal firearms and conditions for gun ownership bans.

  • Massachusetts First-Degree Murder Law

    The basics of Massachusetts’ first-degree murder laws, which is the highest level of criminal homicide in the state. Learn about the definition, criminal penalties, and more information.

  • Massachusetts Child Pornography Laws

    An overview of Massachusetts child pornography laws with a listing of the relevant statutory provisions, links to related resources, additional tools for researching the law and where to go for legal help.

  • Massachusetts Domestic Violence Laws

    Massachusetts domestic violence offenses can include crimes such as assault or sexual misconduct. Victims may bring civil charges in family court or criminal charges. Click here to learn more about the law.

  • Massachusetts OUI Laws

    Facing an OUI charge in Massachusetts? Trying to navigate the court system can be perplexing. Here’s a guide through the process including information about criminal and administrative proceedings and driver’s license suspension.

  • Massachusetts Marijuana Laws

    Overview of marijuana laws in Massachusetts, including the medical marijuana program, which authorizes doctors to give letters to patients certifying them to use, possess, and grow a reasonable supply.

Massachusetts Criminal Law Articles

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  • Defense attorneys can help protect your rights
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Get tailored advice and ask your legal questions. Many Massachusetts attorneys offer free consultations.

 

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