Massachusetts law
Criminal Defense Laws in Massachusetts.
Massachusetts criminal law uses a felony/misdemeanor distinction, though the state categorizes more broadly by maximum sentence. Felonies are punishable by state prison time, while misdemeanors carry house of correction time (up to 2.5 years). Massachusetts has made significant criminal justice reforms including CORI (Criminal Offender Record Information) reform that allows sealing of records after specified waiting periods — 3 years for misdemeanors and 7 years for felonies (reduced from 5/10 in 2018). There is no death penalty.
Last verified: 2026-02-25
State law
Statute of Limitations
Most felonies must be prosecuted within 6 years. Murder and manslaughter have no statute of limitations. Misdemeanors generally have a 6-year limit.
Exceptions
Murder and manslaughter charges may be brought at any time — there is no statute of limitations.
Certain sex offenses involving children under 16 must be prosecuted within 27 years after the victim turns 16 (effectively until age 43).
If a sexual assault case involves DNA evidence that later identifies a suspect, there is no statute of limitations.
State law
Key Massachusetts Statutes
Massachusetts allows sealing of criminal records after waiting periods: 3 years for misdemeanors, 7 years for felonies (measured from disposition or release). Sealed records are not visible in standard background checks. Certain offenses (e.g., sex offenses against children) cannot be sealed.
Massachusetts uses an advisory sentencing guideline system. Felonies carry potential state prison time, while misdemeanors are punishable by up to 2.5 years in a house of correction. The state has mandatory minimums for certain drug, firearm, and sex offenses.
The 2018 Criminal Justice Reform Act overhauled bail practices. Judges must consider ability to pay when setting bail. Cash bail cannot be set solely because a defendant cannot afford it. Pretrial detention (dangerousness hearing) requires proof of danger to community.
Possession of 1 oz or less of marijuana is a civil infraction ($100 fine, no criminal record). Recreational marijuana is legal for adults 21+ under Chapter 94G. Prior marijuana convictions may be eligible for expungement.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Massachusetts.
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