Is Property Damage a Felony in Massachusetts?

Felony vs. Misdemeanor Property Damage in Massachusetts

If you’re facing a charge for property damage in Massachusetts, one of your first questions is probably: “Is this a felony?” The answer depends on a few critical factors — especially the value of the damage and the type of property involved. A charge that may seem minor could actually be classified as a felony, leading to serious long-term consequences.

In this post, we’ll break down how Massachusetts law treats property damage, when it crosses the felony line, and what you can do to defend yourself.

When Is Property Damage a Felony in Massachusetts?

Under Massachusetts General Laws Chapter 266, Section 127, property damage becomes a felony when:

• The value of the damage is $1,200 or more, or
• The property is a school, church, cemetery, or public utility, regardless of value
• In both cases, you could face felony charges even if it’s your first offense — and even if the damage wasn’t intentional.

What Is Malicious Destruction of Property?

Massachusetts law defines malicious destruction of property as the willful and malicious injury or destruction of someone else’s personal or real property. The prosecution must prove:

• The defendant damaged or destroyed property,
• The property did not belong to them, and
• The act was intentional and done with malice.
• If the damage is under $1,200, it’s a misdemeanor. Over $1,200? It’s a felony.

Examples of Felony Property Damage

• Smashing a phone or TV during a domestic dispute (value over $1,200)
• Keying or breaking a car window with costly repairs
• Throwing an object that breaks a store window
• Vandalizing a school or church, even with minor damage
• Damaging utility equipment or infrastructure

What might seem like a heated moment or a prank can quickly escalate into a felony charge based on the replacement cost or property type.

Penalties for Felony Property Damage

If convicted of felony malicious destruction of property in Massachusetts, you could face:

• Up to 10 years in state prison or 2.5 years in a house of correction
• A fine of up to $3,000 or three times the value of the damage
• Restitution to the property owner
• A permanent felony record

A felony conviction can also impact employment, housing, immigration status, and more.

Can You Fight a Felony Property Damage Charge?

Yes — and you should. A criminal defense attorney can explore several strategies to reduce or dismiss the charge:

• Challenge the value: Can the damage really be proven to exceed $1,200?
• Disprove intent: Was it an accident, not a willful act?
• Negotiate restitution: Paying for the damage up front may open the door to reduced charges or pretrial diversion
• Present mitigating factors: Such as emotional distress, intoxication, or provocation

When a Misdemeanor Is Still Serious

Even if the value is under $1,200, a misdemeanor charge for property damage can still carry:

• Jail time
• Probezeit
• A criminal record
• Mandatory restitution

Don’t assume that a misdemeanor is “no big deal.” It can still show up on background checks and impact your future.

Get Legal Help Before It’s Too Late

If you’ve been charged with property damage in Boston or anywhere in Massachusetts, the consequences can be severe — but there are ways to fight back. At The Law Offices of Elliot Savitz & Scott Bradley, we’ve successfully defended hundreds of clients against both felony and misdemeanor property damage charges.

Call us today for a free consultation and find out how we can help protect your future.