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Understanding Misdemeanors in Massachusetts
In Massachusetts, a misdemeanor is defined as any offense that does not involve the possibility of imprisonment in a state prison or the death penalty. The label "Class A misdemeanor" is not typically used in Massachusetts to categorize offenses. Rather than using classifications like Class A, B, or C for misdemeanors, the state focuses on the severity of the offense. Crimes in Massachusetts are categorized simply as either misdemeanors or felonies, without further classification. What may be termed a Class A misdemeanor in other states is simply referred to as a misdemeanor in Massachusetts.
Examples of Misdemeanors in Massachusetts
To understand the severity of misdemeanors in Massachusetts, it is essential to consider the penalties for the most commonly charged offenses. Examples include:
- Shoplifting
- Larceny
- Operating under the influence (OUI)
- Assault and battery
- Prostitution
| Misdemeanor Violations Massachusetts General Laws | Description | Statutory Penalties |
|---|---|---|
| Larceny (MGL c. 266, § 30) | Stolen items worth $1,200 or less (excluding firearms) |
|
| Shoplifting (MGL c. 266, § 30A) | Intentionally taking someone's property or allowing someone else's property to be carried away. (For retail items of value less than $250) |
|
| Operating Under the Influence (OUI) (MGL c. 90, § 24) | OUI includes actions such as refusing a breathalyzer or driving while having a Blood Alcohol Concentration (BAC) of 0.08% or higher |
|
| Soliciting for prostitute (MGL c. 272 § 8) | Requesting or accepting payment for soliciting a prostitute |
|
| Assault and Battery (MGL c. 265, § 13A) | Unlawful physical contact causing severe bodily injury |
|
Penalties for Misdemeanor in Massachusetts
The direct penalties for misdemeanor convictions in Massachusetts vary based on the specific crime, as outlined in the General Laws. Standard penalties include:
- Imprisonment: A minimum of 1 year for lesser misdemeanor offenses, such as larceny, and up to a maximum of 30 months for the more serious misdemeanor offenses.
- Fines: $1,000 for Battery and Assault offenses, and up to $5,000 for restraining order violations.
- Suspension and supplementary penalties for motor vehicle offenses, such as Operating Under the Influence (OUI).
Probation and Alternative Sentencing Options in Massachusetts
The Massachusetts courts utilize various forms of alternative sentencing options, such as:
- Probation
- Electronic Monitoring Program
- Pretrial Community Program
- Community service
- License suspension (DUI cases)
- Restitution
| Alternative Sentencing Method | Purpose | Statutory Conditions |
|---|---|---|
| Pretrial Community Program | Prosecution alternative resulting in charge dismissal | Tailored for veterans, and an alternative for adult convictions (G.L. c 276A). |
| Community Service | Alternative option for payment of court fees or sentencing | Completion of assigned hours of community service work. |
| Probation | Community supervision as an alternative to imprisonment | Compliance with court orders, counseling sessions, and required check-ins (G.L. c. 276) |
Can a Misdemeanor Be Expunged or Sealed in Massachusetts?
Yes. Sealing and expungement are two distinct methods for clearing a criminal record: each offers different levels of privacy and access over a criminal record. Generally, records of convicted misdemeanors can typically be found by reviewing public Massachusetts Criminal Court Records. However, sealing a record means to conceal a criminal offense without erasing it from existence. Sealed records, however, remain accessible to law enforcement agencies, probation officers, and the courts if a verdict of guilt is reached, serving as a reference for subsequent offenses. By contrast, expungement permanently removes a criminal record, making it inaccessible to courts and government agencies at all levels.
Eligibility to seal or expunge criminal records is often time-based: the petition may only be filed once the statutory waiting period has elapsed after the completion of the jail term and all other court sentences. However, specific crimes, including sexual crimes, violent offenses, and restraining order violations, may not be sealed/expunged (MGL c 276, § 100J).
| Condition | Statutory Mechanism | Waiting Period | Effect |
|---|---|---|---|
| Misdemeanor Offense | Expungement (G.L. c.276, § 100E-100U) | 3 years | Records are permanently erased, giving the offender a clean slate; however, certain violent offenses are ineligible. |
| Misdemeanor Conviction | Sealing (G.L. c. 276, § 100A) | 3 years | The record is removed from public view. It is not destroyed, but remains confidential and accessible to court/law enforcement bodies upon request. |
Long-Term Consequences of a Misdemeanor Conviction
In Massachusetts, a misdemeanor conviction may lead to long-lasting consequences that extend beyond court penalties, affecting crucial areas of life, including:
- Employment/Housing Opportunities: A misdemeanor conviction may become a significant hindrance during competitive hiring and selection processes. The state's Criminal Offender Record Information (CORI) system, which disseminates criminal records, is typically available to employers, housing managers, and private landlords, potentially leading to difficulties in employment and housing.
- Immigration Status and Federal Implications: A misdemeanor conviction may lead to severe consequences under federal immigration law. Regardless of classification, federal authorities might view a misdemeanor as a crime involving moral turpitude (CIMT) or a domestic violence offense, both of which may lead to deportation or inadmissibility for non-US citizens.
- Professional Licensing Restrictions: Serious misdemeanor convictions, especially offenses involving public trust, may jeopardize professional licences. For instance, the Massachusetts Board of Bar Overseers (BBO) considers serious misdemeanors, such as larceny, to be justifiable grounds for disbarment or indefinite suspension, particularly when associated with court fraud or fiduciary misconduct.
What to Do if You’re Charged with a Misdemeanor in Massachusetts
Facing a misdemeanor charge in Massachusetts requires prompt and thoughtful action to minimize potential consequences. Individuals charged should:
Understand Charges and Attend All Court Hearings
The priority for any defendant is to comprehend the charges filed, which are often outlined in the Massachusetts Criminal Offenses Codes. It is also essential to attend all court hearings, including arraignment and pretrial conferences, as absence from these proceedings may result in penalties that may further complicate the case.
Seek Legal Advice
It is strongly advised to consult a criminal defense attorney. A skilled lawyer may effectively navigate the legal process, clarify eligibility for pretrial diversion programs (which may result in the dismissal of charges), and negotiate favorable plea deals. While defendants may represent themselves, the complex rules of criminal procedure in the district court or Boston Municipal Court (BMC) require expertise.
Statute of Limitations for Misdemeanors in Massachusetts
Under MGL Chapter 277, Section 63, a misdemeanor indictment must be filed within 6 years after the crime was committed. However, this timeline is not always fixed, as Massachusetts allows for tolling ("pausing") the statutory clock in certain circumstances. For example, if the defendant leaves the state, the timeframe will be suspended until they return to the state. This provision may extend the SOL clock indefinitely.