Criminal penalties in Massachusetts
Checked in October 2026 against the Massachusetts General Laws, Part IV (Crimes, Punishments and Proceedings in Criminal Cases) and chapter 90.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Massachusetts sets penalties
- Massachusetts has no named felony classes. Each offence states its own punishment: a maximum in state prison ('not more than twenty years'), 'life or any term of years', or an alternative in a county jail or house of correction (up to 2 years or 2 and a half years), and often a fine.
- State prison and jail or house of correction are two different places of confinement. Many offences allow either, or both a fine and a jail term.
- Murder has two degrees. First-degree murder (deliberately premeditated malice, extreme atrocity or cruelty, or during a crime punishable by death or life) carries life without parole for an adult. A person aged 14 to 17 at the time is eligible for parole after a term of years fixed by the court. Second-degree murder carries life, with parole eligibility after a term of years fixed by the court (ch. 265, § 2; ch. 279, § 24, which was not read).
- Where the sentence includes a firearm, a mandatory minimum of 5 years applies (ch. 265, §§ 17 and 18B).
- Larceny, including embezzlement, is graded by whether the value stolen exceeds $1,200 (ch. 266, § 30).
- This table shows first-offence ranges.
Death penalty: No. The most serious punishment in the sections read is imprisonment for life without parole, set for first-degree murder (ch. 265, § 2(a)).
First-degree murder
Life imprisonment without parole (an adult)
Murder in the first degree (Offence)
- Least
- Life imprisonment without parole
- Most
- Life imprisonment without parole
A person who committed it on or after their 14th birthday and before their 18th is eligible for parole after a term of years fixed by the court (§ 2(b)).
Second-degree murder
Life imprisonment, with parole eligibility after a term of years fixed by the court
Murder in the second degree (any murder that is not first degree) (Offence)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Parole eligibility comes after a term of years fixed by the court under ch. 279, § 24. That section was not read.
Voluntary manslaughter
Up to 20 years in state prison, or a fine of up to $1,000 and up to 2 and a half years in jail
Manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $1,000, with up to 2 and a half years in jail
Manslaughter while violating the provisions of ch. 266, §§ 102 to 102C is punished by life or any term of years.
Robbery
Life or any term of years (armed robbery; unarmed robbery); at least 5 years if armed with a firearm
Unarmed robbery by force and violence, or by assault and putting in fear (Offence)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment or any term of years
Armed robbery: being armed with a dangerous weapon, assaulting and robbing (Offence)
- Least
- 5 years if masked or disguised (first offence), or if armed with a firearm
- Most
- Life imprisonment or any term of years
A person who commits it while masked or disguised receives at least 5 years for a first offence and at least 10 for a later one. A person who commits it armed with a firearm receives at least 5 years, and at least 15 for a later offence.
Burglary
Up to 20 years (unarmed night-time burglary); life or at least 10 years (armed burglary)
Burglary: breaking and entering a dwelling house at night with intent to commit a felony, the offender not armed and making no assault (Offence)
- Least
- 5 years if previously convicted of a listed crime
- Most
- 20 years
Armed burglary: the same, when the offender is armed with a dangerous weapon or arms themselves, or assaults a person lawfully inside (Offence)
- Least
- 10 years (or life)
- Most
- Life imprisonment
A person who commits it while armed with a firearm is subject to a further mandatory minimum under the section.
Arson
Up to 20 years (dwelling house); the burning of other buildings and property is a separate, lower offence
Arson of a dwelling house: wilfully and maliciously setting fire to or burning a dwelling house or an adjoining building (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Or a fine, or up to 2 and a half years in a jail or house of correction
Burning a dwelling house or an adjoining building (ch. 266, § 1) carries up to 20 years in state prison, or up to 2 and a half years in a jail or house of correction, or a fine. Burning other buildings (ch. 266, § 2) is a separate offence, which was not read in full.
Aggravated assault
Up to 2 and a half years (assault and battery) up to 10 years (assault with a dangerous weapon; with intent to murder or maim)
Assault and battery (Offence)
- Least
- No minimum term set by the statute
- Most
- 2 and a half years in a house of correction
- Fine
- Up to $1,000
Assault and battery by means of a dangerous weapon (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Or a fine of up to $1,000 and up to 2 and a half years in jail
A separate provision in the section sets a mandatory minimum of 2 years in listed circumstances.
Assault with intent to commit murder, or to maim or disfigure (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Or a fine of up to $1,000 and up to 2 and a half years in jail
Rape and sexual assault
Up to 20 years (rape); life or any term of years (aggravated rape; rape of a child with force)
Rape (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
A second or later offence is punished by life or any term of years.
Aggravated rape (Offence)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment or any term of years
Rape (ch. 265, § 22(b)) is sexual intercourse or unnatural sexual intercourse compelled by force or threat of bodily injury. The aggravated form, § 22(a), covers rape that results in or is committed with serious bodily injury, by a joint enterprise, or during listed offences. Rape of a child under 16 by force or threat is punished by life or any term of years (§ 22A).
Kidnapping
Up to 10 years, or a fine of up to $1,000 and up to 2 years in jail
Kidnapping: without lawful authority forcibly or secretly confining or imprisoning another person against their will (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Or a fine of up to $1,000 and up to 2 years in jail
A person who commits it while armed with a dangerous weapon, or against a child under 16, is punished more heavily (the section was not read in full).
Embezzlement
Up to 1 year in jail, or a fine of up to $1,500 ($1,200 or less); up to 5 years in state prison (over $1,200)
Larceny (including embezzlement) of property of $1,200 or less (Offence)
- Least
- No minimum term set by the statute
- Most
- 1 year in jail
- Fine
- Or a fine of up to $1,500
Larceny (including embezzlement) of property worth more than $1,200, or a firearm (Offence)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Or a fine of up to $25,000 and up to 2 years in jail
Massachusetts treats embezzlement as larceny: unlawfully, and with intent to steal or embezzle, converting or secreting another's property (ch. 266, § 30). The penalty depends on whether the value exceeds $1,200 (or the property is a firearm).
Forgery
Up to 10 years in state prison, or up to 2 years in jail
Forgery of a public record, a deed, a will, a bond, a power of attorney, a promissory note or other listed instruments, with intent to injure or defraud (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Or up to 2 years in jail
Drunk driving, first offence
A fine of $500 to $5,000, or up to 2 and a half years in jail, or both
Operating a motor vehicle with a blood alcohol of 0.08 or more, or under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulants (Offence)
- Least
- No minimum term set by the statute
- Most
- 2 and a half years in jail
- Fine
- $500 to $5,000, or both
A conviction also leads to licence loss, which was not read in full.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Missouri, Nebraska.
