What is the difference between a Misdemeanor and a Felony?

In all 50 states, including Massachusetts, criminal charges fall into two main categories: misdemeanors and felonies. These distinctions, protected by federal criminal codes, determine the severity of the crime and the potential consequences if convicted. If you find yourself facing any criminal charges in Massachusetts, it is crucial to seek counsel from a skilled criminal defense attorney. Understanding the difference between these charges and securing proper legal representation can make a significant difference in the outcome of your case.

Misdemeanor vs. Felony: Understanding the Differences

Misdemeanor Crimes in Massachusetts

Under Massachusetts law, a misdemeanor is defined as a crime that is not punishable by confinement in state prison. While misdemeanors are generally considered less severe than felonies, they can still result in significant consequences, including jail time, fines, and a criminal record. Common examples of misdemeanors in Massachusetts include:

• Fishing and hunting violations
• Most criminal motor vehicle offenses
• Disorderly conduct
• Concealment of merchandise (shoplifting)
• Trespassing
• Drug possession

Despite being less severe, misdemeanors are categorized into a class system that determines the potential penalties. In Massachusetts, misdemeanor charges are classified as follows:

• Class A1 Misdemeanor: Maximum jail time of 150 days
• Class 1 Misdemeanor: Maximum jail time of 120 days
• Class 2 Misdemeanor: Maximum jail time of 60 days
• Class 3 Misdemeanor: Maximum jail time of 20 days

Each class of misdemeanor carries different consequences and requires a tailored legal approach. A criminal defense attorney will work to have charges dismissed, negotiate pre-trial probation, and explore plea options. Ideally, the best outcome would be winning the case at the clerk magistrate’s hearing, which would result in the expungement of all related charges from your record.

Felony Crimes in Massachusetts

Felony charges represent the most serious criminal offenses in Massachusetts and can have a lasting impact on your life. A felony is punishable by state prison sentences or, in the most extreme cases, the death penalty. The severity and intent behind the crime distinguish felonies from misdemeanors. Examples of felony crimes in Massachusetts include:

• Kidnapping
• Rape
• Murder
• Indecent assault
• Burglary
• Gun charges

The sentencing process for felonies in Massachusetts is notably different from misdemeanors. Felonies do not fall under a class system; instead, they are categorized as either “indeterminate,” where the punishment includes a range of prison time, or they specify a maximum punishment time, especially for habitual offenders. The repercussions of a felony conviction can include the loss of fundamental rights, such as the right to vote and own a firearm, and it can severely damage your professional and personal reputation.

Why You Need Professional Legal Representation

Whether you are facing misdemeanor or felony charges, the consequences of a conviction can be life-altering. A knowledgeable criminal defense attorney will provide comprehensive representation, assess the specifics of your case, and develop a defense strategy tailored to your circumstances. At The Law Office of Elliot Savitz, we understand the stakes involved and are committed to protecting your rights and future.

Don’t let criminal charges dictate your life. Seek experienced legal counsel to navigate the complexities of the Massachusetts legal system and work towards the best possible outcome. Contact The Law Office of Elliot Savitz today to discuss your options and begin building your defense.