What Is a Third-Degree Felony in Massachusetts?

A felony in Massachusetts is a crime punishable by imprisonment or a fine. Unlike other states, Massachusetts does not have a strict classification or definition of what constitutes a felony. It, however, has a statute that outlines different criminal offences and their corresponding penalties.

As a result, it is rare to find an offense labelled as first-, second-, or third-degree. A third-degree felony in Massachusetts would be a mid-level felony, a crime more serious than a misdemeanor but not as severe as a high-level felony like first-degree murder. However, since penalties are applied to offenses on a statute-by-statute basis. Therefore, whether a crime falls within that mid-level zone depends on the maximum penalty the law allows, as well as aggravating or mitigating circumstances, and an individual’s criminal history.

Common Offenses That Fall Under Third-Degree Felony Charges

Several offenses in Massachusetts are classified as mid-level (or third-degree) felonies. The following offenses are examples of the types of crimes that may fall into this category:

1. Third Offense OUI: According to Section 24(1)(a)(1) of Massachusetts’ General Law, a person convicted of operating a motor vehicle under the influence of alcohol or drugs is liable to a prison sentence of up to five years and a fine of up to $15,000.
2. Third Offense Drug Distribution: Under Section 32A of Massachusetts’s state law, a person may have to pay a fine of up to $10,000 or serve a jail term of at least 10 years.
3. Third Offense Larceny: A person may be subject to a fine of up to $250 or a prison sentence of up to two years if they are convicted a third time for a larceny offense.
4. Third Offense Domestic Assault: If a court finds a person guilty of committing domestic assault for a third time, they will be sentenced to up to five years in prison.

Penalties and Sentencing for Third-Degree Felonies in Massachusetts

Since Massachusetts does not use degree-based felony classes, there is no uniform sentencing schedule for “third-degree” felony offenses. Instead, the maximum prison terms and fines are spelled out in each statute. Nonetheless, many of the mid-level felonies carry prison terms ranging from 2 to 10 years, sometimes accompanied by fines in the tens of thousands of dollars. The actual sentence imposed depends heavily on:

• The specific statute under which the person is charged.
• Whether the defendant has prior convictions.
• Whether aggravating or mitigating factors exist (use of a weapon, prior record, harm caused, etc.)
• Whether the court opts for probation, partial confinement, or full imprisonment.

This table shows different examples of low-level felonies and the penalties attached to them:

Will You Go to Jail for a Third-Degree Felony in Massachusetts?

Yes, in Massachusetts, a person may be subject to a third-degree felony jail time, that is, prison time for a mid-level felony, if they are convicted of committing the crime. Although felony convictions almost always lead to incarceration, whether someone will be put in prison depends on many factors. For example, the precise charge, the person’s prior record, and whether the offense was non-violent would all be considered by the court. Additionally, the court may decide to place the offender on probation or impose a split sentence instead.

How Long Does a Third-Degree Felony Stay on Your Record?

A felony conviction in Massachusetts typically remains on a person’s record for life. It is not automatically removed unless the court or the alleged offender dismisses the case or is found not guilty. However, they can be removed if a convict applies to have them sealed and expunged. An individual may be able to seal their records only after seven years have passed following the conclusion of their sentence associated with that offence. If it is the record of a registered sex offender, the record can be deleted 15 years following the completion of the sentence.

Although regular people, such as landlords and private employers, cannot access these records, officials of the court and law enforcement agents can still view them.

Can a Third-Degree Felony Be Sealed or Expunged in Massachusetts?

Yes, a person can seal their third-degree felony records in Massachusetts. They must, however, meet specific eligibility requirements before their records can be expunged. Firstly, there are two ways a person can have their records expunged: time-based and non-time-based expungements. For a person to qualify for a time-based expungement, they must first show proof that the offense was committed when they were a juvenile and it did not lead to death or bodily harm. Additionally, the process for expungement can only be initiated seven years after a person has completed their sentence for that offence. It must also be the only crime on the applicant's record.

To qualify for a non-time-based expungement, a convict must convince the court to have the case dismissed. They can do this by showing that law enforcement made an error, or that it was a case of stolen identity, and that expunging the record is the best thing to do

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Since the Massachusetts Statute does not divide felonies into classes, comparisons must rely on specific statutes, which detail the severity of each offence. Based on statutory provisions and a general understanding of first-, second, and third-degree classifications, here is how multiple offences compare.

• First-degree felonies are the most serious and often carry life sentences or extremely long prison terms. For example, first-degree murder in Massachusetts may be punished by life imprisonment (sometimes without parole) under the homicide statutes.
• Second-degree felonies are more serious than mid-tier felonies but less severe than first-degree felonies. For instance, second-degree murder or certain aggravated assaults fall in this tier.
• Third-degree felonies typically involve nonviolent, property, or lower-level drug offenses, and they usually carry shorter sentences and lower fines.

How to Look Up Third-Degree Felony Records in Massachusetts

There are multiple ways for a person to access third-degree felony records in Massachusetts. They can access these records through the Massachusetts Department of Criminal Justice Information Services’s Criminal Offender Record Information (CORI). If a person does not wish to use government resources, they can use third-party websites to find felony records. These websites are usually easy to access and user-friendly. However, information on them may be outdated.

Alternatively, record seekers may visit the local court clerk’s office to find these records, as they often keep dockets and disposition records. Parties may need to meet in person or use any online directory provided by the court clerk’s office. The following table summarises the various access methods a person can use to find felony records.

Probation and Parole for Third-Degree Felony Offenders

In Massachusetts, a person may not serve their whole sentence even if they have been convicted of a mid-level felony. The court may impose probation, a split sentence, or house arrest, depending on the nature of the offense and the defendant’s criminal history.

If the court finds mitigating factors, such as a first offense, minimal harm, and evidence of good character, it may grant probation. It is the responsibility of the offender to fulfill the terms of probationary requirements, such as reporting to their probation officer, undergoing drug tests, and any other requirements. Additionally, a person may qualify for parole after serving a portion of their sentence. Just like probation, individuals put on parole are also required to report to their parole officers.