Massachusetts Class B Misdemeanors

Crimes in Massachusetts are broadly divided into felonies and misdemeanors based on severity. Felonies involve serious offenses, such as murder or armed robbery, punishable by state prison terms exceeding one year, substantial fines, and long-term consequences like felony records. Misdemeanors, by contrast, are less severe crimes with penalties typically limited to county jail time of up to 2.5 years, fines, probation, or community service.

Misdemeanor classification is determined by the specific statute defining each offense, with penalties prescribed individually. However, certain statutes and court practices group misdemeanors into informal major and minor misdemeanors. Understanding these distinctions is essential for navigating legal processes, as they determine court jurisdiction and potential defenses. Information on misdemeanors filed in the Massachusetts criminal justice system is available in court records unless otherwise restricted by law.

Common Examples of Class B Misdemeanors in Massachusetts

Massachusetts does not formally classify misdemeanors into categories like Class A, B, or C, unlike many other states. Instead, penalties are specified directly in statutes, with most misdemeanors punishable by up to 2.5 years in a house of correction and fines varying by offense.

Hence, the term "Class B misdemeanor" is sometimes used informally to describe mid-level offenses carrying penalties of around 6 months in jail and fines up to $1,000, akin to less severe assaults or minor drug possession. These are handled in district courts and may involve factors like prior records or victim status that influence charges.

Below are typical examples of offenses that align with this mid-level severity:

• Simple assault and battery: Unlawful physical contact without serious injury, such as pushing someone during an argument (up to 2.5 years jail, $1,000 fine) per M.G.L. c. 265, § 13A.
• Disorderly conduct: Disruptive public behavior causing alarm, like yelling obscenities in a crowded area (up to 6 months jail, $200 fine) per M.G.L. c. 272, § 53.
• Criminal trespass: Entering prohibited property without permission, e.g., ignoring a "no trespassing" sign (up to 30 days jail, $100 fine) per M.G.L. c. 266, § 120.
• Larceny under $250: Petty theft, such as shoplifting small items from a store (up to 1 year jail, $300 fine) per M.G.L. c. 266, § 30.
• Vandalism or malicious destruction of property: Damaging another's belongings with intent, like keying a car (up to 2.5 years jail, $1,500 fine) per M.G.L. c. 266, § 127.
• Possession of a Class B substance: Holding small amounts of drugs like cocaine or ecstasy without intent to distribute (up to 1 year jail, $1,000 fine) per M.G.L. c. 94C, § 34.

Note that classifications can vary by jurisdiction, and outcomes depend on specifics like intent or harm caused. Therefore, not all similar acts result in charges. Individuals may consult a legal professional for case-specific advice.

Statute of Limitations for Class B Misdemeanors in Massachusetts

Under MGL c. 277, § 63, the general timeframe for prosecuting misdemeanors is 6 years from the date the offense was committed. This time limit applies to the vast majority of mid-level misdemeanor cases, ensuring evidence remains fresh while protecting against indefinite liability. It begins on the date of the offense or when the criminal act is complete, though it may be tolled (paused) if the accused leaves the state, conceals their identity, or if the victim was a minor unable to report. Once charges are filed, no time limit applies to resolution. Notable exceptions exist for certain offenses, often due to public safety concerns.

Legal Penalties for Class B Misdemeanors in Massachusetts

Massachusetts may classify mid-level misdemeanors as offenses such as simple assault, disorderly conduct. They carry similar penalties under specific statutes. Consequences vary by case, prior record, and judicial discretion. Consequences include:

• Jail Time: Up to 6 months to 2.5 years in a house of correction (most common: 6 months or less).
• Fines: Typically $200–$1,000, depending on the offense.
• Probation: 1–2 years supervised or unsupervised, with conditions like counseling or no-contact orders.
• Community Service: 50–100 hours, often as an alternative to jail.
• Restitution: Payment to victims for damages or medical costs.

Long-term effects may include a permanent criminal record, impacting employment, especially regarding licensed professions, housing, or firearm rights. CORI (Criminal Offender Record Information) is publicly accessible unless sealed.

Court Process for Class B Misdemeanors in Massachusetts

The state of Massachusetts handles mid-level misdemeanors in District Courts or Municipal Courts. Local rules may differ in urban vs. rural courts. Individuals are advised to always consult an attorney. Diversion, dismissal, or accelerated resolution may apply. The court procedure for these misdemeanors varies by case and jurisdiction; not all steps occur in every matter.

• Arrest or Citation: Police issue a citation or arrest; you may be released on personal recognizance or bail.
• Arraignment: First court appearance (usually within days). Charges are read, plea entered (guilty, not guilty, or no contest), and bail/conditions set.
• Pretrial Conference: Attorneys discuss evidence, possible pleas, or diversion (e.g., counseling to avoid conviction).
• Plea or Trial: Most resolve via plea bargain. If contested, a bench trial (judge only) or a rare jury trial follows.
• Sentencing: If guilty, immediate or later hearing for jail, fines, probation, or alternatives.
• Appeals/Sealing: Option to appeal or later seal record if eligible.

How Class B Misdemeanors Affect Your Criminal Record in Massachusetts

In Massachusetts, mid-level misdemeanors may appear on an individual’s Criminal Offender Record Information as convictions if found guilty. They also show on standard background checks for 7 years, but remain accessible to courts, law enforcement, and certain employers, such as schools or banks, indefinitely unless sealed.

Impacts may include job denials, housing rejections, or licensing issues. Sealing is possible after a 3-year wait if no new crimes are committed. However, this is not automatic but requires a petition and court approval. Expungement is rare and limited to errors or specific cases. Outcomes may also vary by employer policy and record accuracy.

Differences Between Class B Misdemeanors and Other Offenses in Massachusetts

In Massachusetts, crimes are classified as felonies or misdemeanors, with misdemeanors divided into classes based on severity. Mid-level misdemeanors such as simple assault or shoplifting under $250 may carry up to 6 months in a house of correction and fines up to $1000. High-level misdemeanors such as malicious destruction of property over $1200, larceny over $1200, or assault and battery, are punishable by to 2.5 years in jail and higher fines.

The least serious misdemeanors, such as minor traffic violations, have no jail time and smaller fines. Felonies involve over 1 year in state prison, fines over $1,000, and serious crimes. Misdemeanors sit between minor infractions and felonies in punishment and stigma.

How to Check for Class B Misdemeanors in Massachusetts Court Records

Mid-level misdemeanors in Massachusetts are handled in District or Municipal Courts. These records are public under the Massachusetts Public Records Law, but access varies by court and may require fees or in-person visits. Sealed or expunged records are not available. Always verify with official sources, as procedures can change.

• Online Search: Use the free Massachusetts Trial Court Electronic Case Access portal. Searches can be made by name, docket number, or case type for docket summaries, including charges, dates, and dispositions. It covers District Court misdemeanors but may not show full documents.
• In-Person or Mail Requests: Visit or contact the Clerk-Magistrate's office of the relevant District Court. Provide case details; copies cost $0.50/page plus postage.
• Background Checks: For personal history, request a Criminal Offender Record Information (CORI) report from the Department of Criminal Justice Information Services (CJIS) for a $25 fee. It includes misdemeanors but requires registration.

Can a Class B Misdemeanor Be Expunged or Sealed in Massachusetts?

Mid-level misdemeanors in Massachusetts are generally not eligible for true expungement, which erases the record as if the conviction never occurred. Instead, qualifying misdemeanors may be sealed under MGL c. 276 § 100A–C. This hides them from most public background checks, such as standard employer or landlord screens. However, sealing is not automatic and requires court approval.

Generally, first-time or low-level offenders with no felony convictions and completed sentences may petition after a waiting period. No pending charges are allowed. Violent misdemeanors are typically ineligible for sealing. Expungement is rare or limited to court errors or specific juvenile cases. Sealing improves job prospects, housing applications, and professional licensing by limiting access to criminal history.