Charges and sentences
Felony and misdemeanor classes in Massachusetts
Massachusetts does not divide crimes into classes or degrees. A crime punishable by death or state prison is a felony, and every other crime is a misdemeanor. The penalty is set in the law for each offense.1
Checked October 29, 2026 against Massachusetts's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Massachusetts, a felony is a crime punishable by death or imprisonment in the state prison. All other crimes are misdemeanors.1
- Felony theft starts at
- More than $1,200How theft is graded
- When impaired driving is a felony
- A third offense can be punished by 2.5 to 5 years in state prison (or by 180 days to 2.5 years), which makes it a felony. A first or second offense carries no state prison term, so it is a misdemeanor.2
Felony categories in Massachusetts
| Class | Prison | The law |
|---|---|---|
| Felony | Any state prison sentence; length set offense by offenseThe statute names no felony classes or default sentence. Each offense sets its own penalty. | Mass. Gen. Laws ch. 274, § 11 |
Misdemeanor classes in Massachusetts
| Class | Jail | The law |
|---|---|---|
| Misdemeanor | Set offense by offenseA misdemeanor is any crime that cannot be punished by a state prison sentence. | Mass. Gen. Laws ch. 274, § 11 |
Good to know
Massachusetts has no general felony or misdemeanor classes. The line between the two depends on whether the law lets a judge impose a state prison sentence.1
Many Massachusetts crimes list both a state prison sentence and a jail or house of correction sentence as options. Because a state prison sentence is allowed, those crimes are felonies even if a judge chooses jail.3
When theft is a felony in Massachusetts
In Massachusetts, larceny (theft) of property worth more than $1,200 can be punished by up to 5 years in state prison, which makes it a felony. Theft of $1,200 or less carries up to 1 year in jail or a fine of up to $1,500, so it is a misdemeanor. Stealing a firearm is punishable by state prison at any value.4
Mass. Gen. Laws ch. 266, § 30(1) · Felony theft amounts in every state
Impaired driving in Massachusetts
Mass. Gen. Laws ch. 90, § 24 punishes operating a motor vehicle with a blood alcohol level of eight one-hundredths (0.08) or more, or while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants or toxic vapors. The section is titled 'Driving while under influence of intoxicating liquor, etc.' The statute does not use an abbreviation; "OUI" is common shorthand.
- Repeat offenses
- A third offense can be punished by 2.5 to 5 years in state prison (or by 180 days to 2.5 years), which makes it a felony. A first or second offense carries no state prison term, so it is a misdemeanor.
- Which past offenses count
- No time limit. Any earlier OUI conviction, or assignment to an alcohol or drug program for a like offense, counts.
- Other felony versions
- Homicide by a motor vehicle while under the influence is punishable by 2.5 to 15 years in state prison, and causing serious bodily injury while operating under the influence by 2.5 to 10 years in state prison.
Mass. Gen. Laws ch. 90, §§ 24, 24G, 24L2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Massachusetts?
In Massachusetts, a felony is a crime punishable by death or imprisonment in the state prison. All other crimes are misdemeanors.
What is a felony in Massachusetts?
In Massachusetts, the prison range for a felony is any state prison sentence; length set offense by offense. The statute names no felony classes or default sentence. Each offense sets its own penalty.
What is a misdemeanor in Massachusetts?
In Massachusetts, the jail range for a misdemeanor is set offense by offense. A misdemeanor is any crime that cannot be punished by a state prison sentence.
How much theft is a felony in Massachusetts?
In Massachusetts, larceny (theft) of property worth more than $1,200 can be punished by up to 5 years in state prison, which makes it a felony. Theft of $1,200 or less carries up to 1 year in jail or a fine of up to $1,500, so it is a misdemeanor. Stealing a firearm is punishable by state prison at any value.
When is impaired driving a felony in Massachusetts?
A third offense can be punished by 2.5 to 5 years in state prison (or by 180 days to 2.5 years), which makes it a felony. A first or second offense carries no state prison term, so it is a misdemeanor. Homicide by a motor vehicle while under the influence is punishable by 2.5 to 15 years in state prison, and causing serious bodily injury while operating under the influence by 2.5 to 10 years in state prison.
These are the general ranges in Massachusetts's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Felony and misdemeanor classes in Massachusetts" https://secondchanceindex.com/felony-classes/massachusetts, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.