First Degree Felony in Massachusetts

According to Massachusetts General Laws, c. 274, § 1, felonies are crimes punishable by death or imprisonment at the state penitentiaries. Massachusetts does not use the degree-tiered system for general classification of felonies. Nonetheless, the degree system applies to specific crimes.

The classification for felonies in Massachusetts depends on the types of crimes and their severity, with the most serious offenses being designated as first-degree. For instance, first and second-degree murder are two categories of the same crime, and their sentences vary. While murder in the first-degree attracts a mandatory life imprisonment without parole, the sentencing for murder in the second degree is a life sentence with the possibility of parole.

Common Crimes Classified as First Degree Felonies in Massachusetts

Massachusetts does not use the degree system as a general classification for crimes. However, it uses it to categorize different versions of specific crimes. In Massachusetts, felony crimes that use the first and second-degree classification include:

• Murder
• Manslaughter
• Arson
• Child rape
• Sexual assault & abuse of a child
• Home invasion/burglary
• Assault & battery with a dangerous weapon (ABDW).

The Massachusetts Office of Public Safety and Security reports show a significant decline in first-degree felonies in 2024 compared to the previous year. In 2024, there was an 11.4% decrease in homicides, 1.8% in rape, 8.6% in burglaries, and 8.6% in robberies.

Prison Sentences and Fines for First Degree Felonies in Massachusetts

Unlike states that use ranges for sentencing (for instance, 10 to 99 years), the Massachusetts Sentencing Guidelines prescribe a statutory maximum (or minimum) for each offense. Judges sentence individuals using these guidelines, taking into account the offender's criminal history and the seriousness of the crime.

Under the Massachusetts Sentencing Guidelines, the mandatory penalty for murder is life imprisonment without parole, while other first-degree felonies have mandatory minimums, but can lead to life imprisonment. The presence of aggravating factors such as deadly weapons, previous history, and hate crimes increases the minimum terms, while plea deals and mitigating factors may reduce time served below the guidelines.

What is the Maximum Sentence for a First Degree Felony in Massachusetts?

The absolute maximum sentence for a first-degree felony in Massachusetts is life imprisonment without the possibility of parole. This is the mandatory sentence for first-degree murder cases.

Although most felony crimes in Massachusetts do not have mandatory life sentences (with the exception of first-degree murder), the presence of certain aggravating factors may result in the maximum possible sentencing for such offenses. Serious crimes involving repeat offenses, use of dangerous weapons, or extreme violence may elevate sentencing to the maximum penalty. For instance, aggravated rape of a child and armed robbery involving dangerous arms and brutal force may result in life imprisonment without parole.

What is First Degree Murder in Massachusetts?

According to Massachusetts General Laws, ch. 265, §1, first-degree murder refers to the premeditated, malicious, brutal, and unlawful killing of an individual. This killing may result from the commission or attempt to commit rape, armed robbery, burglary, arson, or other felonies. Under Massachusetts laws, first-degree murder is the most serious homicide charge, requiring proof of premeditation, extreme cruelty, or killing during felony acts.

The mandatory penalty for first-degree murder is life imprisonment without parole. However, if there are fewer aggravating factors as outlined for first-degree murder, sentencing may be reduced to life imprisonment with the possibility of parole after 15 to 20 years, with the exact minimum sentence set by the court.

Public Access to First Degree Felony Records in Massachusetts

First-degree felony records in Massachusetts include documents relating to the most serious crimes under the Massachusetts Penal Code. These encompass documents generated by the courts and various law enforcement agencies during arrests, trials, convictions, and incarcerations of individuals who commit these crimes within the Commonwealth of Massachusetts.

In Massachusetts, felony records are publicly disclosable. The Massachusetts Criminal Offender Record Information (CORI) law (Chapter 6, sections 167 to 187B of the Massachusetts General Laws (MGL)) grants interested individuals the right to access these documents. However, there are significant caveats. Under the Massachusetts CORI law, there are three levels regarding public access to felony records:

• Required Access
• Standard Access
• Open Access.

Under the required access option, Massachusetts first-degree felony records are accessible to requestors who are authorized or required by statute, regulation, or accreditation requirement.

The standard option allows entities to screen employment applicants, employees, licensing applicants, and housing applicants. Entities eligible for standard access to Massachusetts first-degree felony records include:

• employers
• Volunteer organizations
• Landlords
• Property management companies
• Real estate agents
• Public housing authorities
• Governmental licensing agencies.

The Massachusetts Department of Criminal Justice Information Services limits the information accessible at each access level. For instance, while the general public may only access convictions and records of certain pending cases, employers need permissions and legitimate reasons to run criminal checks.

Individuals can access basic information about Massachusetts first-degree felony cases for free through the MassCourts Public Access Portal. These documents are also accessible at the county level through Superior Court Clerk’s Offices at the counties where the specific cases were filed, or through Public Access Terminals at courthouses.

Alternatively, for a $25.00 charge per search, information seekers can create accounts and log in to the Massachusetts Department of Criminal Justice Information Services (DCJIS) Criminal Offender Record Information System (iCORI) to access felony case records. Furthermore, requesters can log in to the Massachusetts Department of Corrections (DOC) VineLink website and access the records of individuals serving terms for first-degree crimes at various state penitentiaries.

First-degree felony records relating to serious crimes such as murder and certain sex-related offenses remain publicly accessible indefinitely unless sealed, expunged, or pertaining to juveniles.

Can First Degree Felony Records Be Sealed or Expunged in Massachusetts?

In Massachusetts, there are two ways to restrict public access to a first-degree felony record: sealing or expungement. Sealing records refers to making them inaccessible to the public online and offline, but they may be accessible to authorized entities. On the other hand, expungement is the destruction of documents. Legally, these documents never existed.

Sealing of a Massachusetts first-degree felony record

According to Mass. General Laws, Chapter 276, § 100A, individuals can petition for the sealing of felony records 7 years after conviction or completion of their penalties (whichever comes first). However, first-degree felonies are the most serious crimes under the Massachusetts Penal Code. Hence, records relating to first-degree offenses involving weapons, serious bodily harm, or certain sex-related crimes are not eligible for sealing.

Expungement of first-degree felony records in Massachusetts

Similar to sealing, Massachusetts General Law Chapter 276, Sections 100E and 100U sets the waiting period for expungement of felony records at 7 years post-conviction or completion of prison sentences. However, this does not include first-degree felony crimes that result in serious bodily injury, death, or involve the use of a dangerous weapon. Other exclusions include sex crimes, offenses against elderly/disabled persons, and some domestic violence.

Difference Between First Degree and Second Degree Felonies in Massachusetts

First and second-degree felonies are two levels of felony crimes. In Massachusetts, first-degree felonies refer to the most serious versions of specific crimes. Excluding first-degree murder, which has a statutory life imprisonment without parole, most first-degree felonies in Massachusetts have prison terms that may range up to life imprisonment.

By comparison, second-degree felonies also refer to serious offenses. However, these types of crimes attract lesser punishment than their first-degree versions. For instance, while the sentencing for first-degree murder is life imprisonment without parole, a second-degree murder in Massachusetts will attract life with the possibility of parole.

Statute of Limitations for First Degree Felony Charges in Massachusetts

Generally, the statute of limitations is the time limit for filing charges against individuals who commit criminal offenses. Massachusetts law requires prosecutors to file cases with the courts against offenders within the limitation periods for the specific crimes or forfeit the right to bring the cases before a judge.

Chapter 277, Section 63 of Massachusetts General Laws requires prosecutors to file criminal charges for most felonies within six years of the offense. Notwithstanding, there is no limitation period for offenses such as murder, and crimes relating to children, such as the rape of a child, indecent assault and battery on a child under 14, or the trafficking of children.

Additionally, notwithstanding the general rule, the statute of limitations may extend for certain crimes.

• Rape and aggravated sexual assault - 15 years
• Certain fraud, theft, or breach of fiduciary duty crimes - Up to 10 years
• Crimes involving public officers in violation of duty - Up to 10 years.

Probation and Parole Eligibility for First Degree Felonies in Massachusetts

Eligibility for probation or parole for felonies in Massachusetts depends on the specific crimes.

Probation

Due to their seriousness, most first-degree offenses are not eligible for probation in the Commonwealth of Massachusetts. For example, crimes with mandatory prison terms. For instance, crimes such as murder, armed robbery, and burglary in the first-degree are not eligible for probation. By comparison, a judge may impose probation instead of incarceration for first-time first-degree arson.

Parole

Under Chapter 127, Sections 133 to 133D of the Massachusetts General Laws, inmates serving life without parole sentences are not eligible for parole. For fixed-term sentencing, convicts may be eligible for parole after serving the minimum terms or two-thirds (66.7%) of their prison terms.

Impact of a First Degree Felony Conviction on Criminal Records in Massachusetts

The consequences of first-degree felony crimes may extend beyond their penalties. A first-degree conviction in Massachusetts may have impacts even after the completion of the penalties. In Massachusetts, records of felonies involving weapons, serious bodily harm, or certain sex offenses are not eligible for sealing or expungement. These documents are accessible to interested persons, including employers, landlords, and licensing agencies (unless they relate to juvenile offenders). Public access to these documents may negatively impact job opportunities, housing options, and professional certifications.

Additionally, first-degree criminal felony convicts in Massachusetts lose the right to vote while in prison. Inmates must also relinquish any public office they hold while serving prison terms. A first-degree felony record in Massachusetts disqualifies the offender from possessing firearms. However, these rights may be restored after the completion of the sentences and fulfillment of any requirements. Having a criminal felony record in Massachusetts can also affect one's social status.