What is a Second Degree Felony in Massachusetts?

Massachusetts law classifies crimes under 2 broad categories (without degrees): felonies and misdemeanors. Pursuant to Massachusetts General Laws (M.G.L.), Chapter 274 Section 1, a felony is any offense punishable by imprisonment in a state prison or death penalty. A misdemeanor is any other crime that is not a felony. While the state does not have degrees as a general classification for types of crimes, murder is divided into first and second degree.

Generally, felonies are more serious than misdemeanors. If a crime has degrees as subclasses, the severity of the crime and the corresponding punishment is highest with the first degree variant. For instance, first degree murder is more serious than second degree murder, and carries a weightier penalty.

Which Crimes Are Considered Second Degree Felonies in Massachusetts?

Massachusetts law does not categorize crimes under first and second degrees. The only crime with this classification is murder. Under Massachusetts law, some crimes are classified, in descending order of seriousness, as classes A, B, C, D, and E offenses. Class A offenses are felonies, while classes D and E are misdemeanors. Classes B and C offenses include misdemeanors and felonies.

Massachusetts law has a staircase factor, which is used to determine the seriousness of an offense and a corresponding penalty. For example, the display of a gun during an armed robbery commission is a staircase factor. The same applies to manslaughter, in which the offense is either voluntary or involuntary.

What is Second Degree Murder and How is it Classified in Massachusetts?

Per Massachusetts General Laws, M.G.L.C. 265 § 1, second degree murder is any murder which is not in the first degree. By implication, a crime of murder is in the second degree if it lacks the properties of first degree murder, which are as follows:

• Commission with extreme cruelty and atrocity
• Committed during the commission or attempted commission of another felony punishable by death or life imprisonment
• Premeditated and deliberate with malice aforethought

Second degree murder is less serious than first degree murder and is punishable by life imprisonment in a state prison. A person serving a life sentence for second degree murder only becomes eligible for parole after serving the mandatory minimum term imposable by the court under M.G.L.C. 279 § 24. If the offender is aged 14 through 17, the aforementioned statute provides for a court to fix a minimum jail term which shall not be less than 15 years and not more than 25 years.

Manslaughter is a similar offense, only that it is committed without the intent to kill. It is punishable by imprisonment in a state prison for not more than 20 years or imprisonment in a jail and a fine of not more than $1,000 (Mass. Gen. Laws M.G.L.C. 265 § 13).

Massachusetts Second Degree Felonies Penalties and Punishments

Second degree felonies are serious crimes with varying punishments depending on the specific crime. While felonies like certain types of assault have a jail term of less than 3 years, second degree murder carries up to life imprisonment. Fines also vary based on the severity of the felony. If there isn’t a statutory minimum or maximum sentence for a crime, the court decides punishments based on mitigating or aggravating factors.

Additional considerations include the age of the victim, the extent of the injury or damage to property, the age of the offender at the time the offense was committed, the amount of money a damaged property is valued at, repeat offense, and the extent of risk to society.

The following table provides an overview of certain serious felonies, penalties and parole possibility:

Are Second Degree Felony Records Public in Massachusetts?

Yes. Anyone can access second degree felony records maintained by the courts in accordance with the Massachusetts Public Records Law, codified in M.G. L.C. 66 § 10. However, a court reserves the authority to withhold certain records or case information from disclosure if a statute or court order restricts them from public access. In such a case, the record custodian (usually the clerk of the court where the case was heard) is obligated to notify the requester within 10 business days from the day the request was received of their decision to deny the record request and also state the reason. Criminal court records that are generally exempt from disclosure include:

• Expunged records
• Sealed records
• Juvenile records
• Confidential identifying information, e.g., tax identification numbers and social security numbers
• Identifying information about victims/witnesses

Second degree felony records maintained by law enforcement on a person's criminal history are not subject to the public records law. They are only available to the record subject, certain employers, licensing and regulatory agencies expressly authorized by law, and third parties with court authorization or the consent of the record subject.

How to Access Second Degree Felony Court Records in Massachusetts

Generally, a person seeking to obtain a criminal record must be able to provide the full name, case number, dates, defendant’s date of birth, and other identifying information about the sought after case to aid retrieval. Court clerks are authorized by law to assess certain fees for requests or copies. Request fees are usually assessed per page of document. For courts that maintain public access computers at the courthouse, a record seeker typically needs the defendant’s full name or the case ID to perform a record search.

• Visit the clerk’s office: Second degree felony court records are available through the clerk’s office at the district court where the case was filed. Provided a record is not exempt from disclosure by court rule, judicial order, or statute, a person can request and obtain it under the public records law. Note that courthouses have policies, regulations, or guidelines that may apply when handling requests or attending to requesters.
• Search online: For remote access to these records, one may use the statewide search platform or search the appropriate court’s website for lookup tools.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Reducing a second degree felony charge in Massachusetts may be possible depending on several factors, including legal representation, if the staircase factor applies, if mitigating circumstances are substantial, impact on victim(s), and the defendant’s criminal past. Judges sometimes give more leniency to defendants who show remorse and accept responsibility.

If the conviction has a mandatory minimum sentence (e.g., aggravated assault with a mandatory minimum sentence of 5 years imprisonment), securing a reduction is impossible because the judge is legally restricted from giving a lesser sentence. One of the most effective ways of getting a minimal sentence is a plea bargain.

This typically involves the defendant receiving a reduced charge in exchange for compliance to certain terms. Sometimes, a defendant may be required to pay restitution to the victim for a reduced penalty. A plea deal can help a defendant get probation as part of their sentence instead of serving the complete jail time.

If the defense attorney can find flaws in the case, they may be able to secure a dismissal on certain grounds, like insufficient evidence, a violation of the defendant’s constitutional rights, loss or unavailability of evidence or key witnesses, illegal search or seizure by law enforcement, lack of probable cause for arrest, or expiration of statute of limitation.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Massachusetts?

No. Second degree felonies are serious offenses and are ineligible for expungement if there was a conviction. Less serious felonies not listed in Chapter 265 of the Massachusetts General Law can be expunged 7 years after an offender has completed all parts of their sentence. A person may request to have their record expunged or sealed at any time if the final disposition was a dismissal or a Nolle Prosequi, or the record was created as a result of:

• Arrest due to mistaken identity
• An offense that is no longer a crime under state law (e.g., possession of small amounts of marijuana)
• Errors by law enforcement, court employees, or civilian/expert witness(es)
• Unauthorized use of identity
• Fraud perpetrated upon the court

How Long Do Second Degree Felony Records Stay Public in Massachusetts?

If the case resulted in a conviction, a second degree felony record remains public indefinitely, subject to agency record retention policies or timelines. Otherwise, a person’s felony record becomes non-public after expungement or if the record qualifies for automatic sealing and is automatically sealed by the court.

N/B: an offender whose record qualifies for automatic sealing (i.e., the defendant was found not guilty) in Massachusetts may request that such record remain public under M.G.L.C. 276, § 100C. In some states, records are not automatically sealed upon qualification, unless the record’s subject petitions the court to seal it.