What is the difference between a Misdemeanor and a Felony?

In Massachusetts, criminal charges are generally divided into two main categories: misdemeanors and felonies. The difference is not just about how serious the charge sounds. It depends on the punishment allowed by Massachusetts law.

Under Massachusetts General Laws Chapter 274, Section 1, a felony is a crime punishable by imprisonment in state prison. All other crimes are misdemeanors.

If you are facing either type of charge, it is important to take the case seriously. A misdemeanor can still result in jail, probation, fines, and a criminal record. A felony can carry even more severe penalties and long-term consequences.

What Is a Misdemeanor in Massachusetts?

A misdemeanor in Massachusetts is a criminal offense that is not punishable by state prison. Misdemeanors are generally less serious than felonies, but they can still have major consequences.

Depending on the charge, a misdemeanor may result in:

• Jail time in a house of correction
• Probation
• Fines and court costs
• Restitution
• License consequences
• No-contact or stay-away orders
• A criminal record

Common misdemeanor charges in Massachusetts may include:

• Disorderly conduct
• Shoplifting or concealment of merchandise
• Trespassing
• Some drug possession charges
• Some criminal motor vehicle offenses
• Simple assault or assault and battery
• Certain property damage charges where the damage amount is lower

Even if the charge is “only” a misdemeanor, it can still affect your job, housing, education, licensing, and background checks. For more on record issues, read: Will My Criminal Case Show Up on a Background Check in Massachusetts?

What Is a Felony in Massachusetts?

A felony is a more serious criminal offense that is punishable by imprisonment in state prison. Felonies often involve more serious allegations, higher penalties, or greater long-term consequences.

Examples of felony charges in Massachusetts may include:

• Murder
• Rape or certain sexual offenses
• Kidnapping
• Armed robbery
• Burglary
• Certain firearm offenses
• Certain drug distribution or trafficking offenses
• Certain property damage offenses where the damage exceeds the felony threshold

A felony conviction may lead to state prison, probation, fines, restitution, and long-term consequences involving employment, housing, professional licensing, immigration status, firearm rights, and reputation.

Does Massachusetts Use Felony or Misdemeanor Classes?

No. Massachusetts does not use a simple class system like “Class A misdemeanor” or “Class B felony” the way some other states do. Instead, each criminal statute sets out the possible punishment for that specific offense.

This means you need to look at the exact charge and statute to understand whether the offense is a misdemeanor or felony and what penalties may apply.

Can a Misdemeanor Still Lead to Jail?

Yes. A misdemeanor does not mean there is no risk of jail. In Massachusetts, many misdemeanors can carry potential jail time in a house of correction, often up to 2½ years depending on the offense.

That said, many misdemeanor cases may be resolved without jail, especially for first-time defendants or lower-level offenses. Possible outcomes may include dismissal, pretrial probation, a continuance without a finding, probation, restitution, or other alternatives depending on the facts.

Can a Felony Be Handled in District Court?

Sometimes, yes. Some felony charges may begin in District Court, while more serious felonies may be handled in Superior Court. The court, charge, and possible penalties matter.

Because felony procedure can be more complicated, it is important to review the exact charge, court location, and potential sentencing exposure with a criminal defense attorney.

What Happens at a Clerk Magistrate Hearing?

For some misdemeanor cases where the person was not arrested, the case may begin with a clerk magistrate hearing, also called a show cause hearing. At this hearing, the clerk magistrate decides whether there is probable cause for a criminal complaint to issue.

If the complaint does not issue, the case may be stopped before formal arraignment. This can be a very important opportunity to avoid the creation of a public criminal case.

For more information, read: What Happens at a Clerk Magistrate Hearing in Massachusetts?

Can a Misdemeanor or Felony Be Sealed Later?

In some cases, yes. Massachusetts allows certain misdemeanor and felony records to be sealed after a waiting period if the person is eligible. Sealing does not erase the record entirely, but it limits who can see it.

For more information, read: What Criminal Charges Can Be Sealed or Expunged in Massachusetts?

Why Legal Representation Matters

Whether you are charged with a misdemeanor or a felony, the consequences can be serious. A criminal defense attorney can review the charge, explain the potential penalties, identify weaknesses in the prosecution’s case, and pursue the best available outcome.

Depending on the case, an attorney may be able to help by:

• Challenging the evidence
• Arguing for dismissal before arraignment when available
• Negotiating a reduction of charges
• Seeking pretrial probation or diversion
• Filing motions to suppress evidence
• Preparing the case for trial
• Helping protect your record and future opportunities

Speak With a Massachusetts Criminal Defense Attorney

The difference between a misdemeanor and a felony in Massachusetts can affect your freedom, record, job, housing, license, and future. Do not assume a misdemeanor is minor, and do not assume a felony conviction is unavoidable.

At The Law Offices of Elliot Savitz & Scott Bradley, we represent clients facing misdemeanor and felony charges throughout Massachusetts.

If you have been charged with a crime, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.