Massachusetts Criminal Law

Massachusetts criminal law statutes provide explanations of crimes, punishments, and court procedures in criminal cases. The information in the statutes can be detailed and extensive. The following paragraphs offer a condensed explanation of common issues in Massachusetts criminal law. For a more detailed explanation or assistance following an arrest, contact a Massachusetts criminal defense attorney.

Drug Possession in Massachusetts

Massachusetts's drug laws outline penalties for three primary categories of drug offenses:

• Possession in Massachusetts: Possession can result in prison time and fines depending on the drug.
• Marijuana possession over one ounce is a felony and can result in six months of jail and/or a $500 fine.
• Possession of narcotics such as cocaine or heroin under 14 grams is a felony punishable by up to two years in prison and a $2,000 fine.
• Distribution Massachusetts: Distribution, or possession with intent to distribute, is an offense chargeable if a defendant is caught selling drugs, or caught with an amount that indicates the intent to distribute the drugs.
• Marijuana distribution can result in a jail term of two years and a fine up to $5,000.
• Distribution of narcotics such as cocaine or heroin can result in a jail term ranging between 2 – 10 years and a fine ranging from $2,500 to $25,000.
• Trafficking in Massachusetts: Trafficking will be charged if a defendant is arrested with a certain quantity of drugs in their possession.The quantity of drug varies for each substance. Trafficking carries mandatory minimum sentences ranging from 3 – 15 years with possible jail terms up to 20 years and a fine up to $500,000.

For more details on what quantity of each drug elevates Massachusetts drug charges to distribution or trafficking, or if arrested with possession of drugs, contact a Massachusetts criminal attorney.

Assault in Massachusetts

Assault in Massachusetts can be charged when someone threatens another with bodily harm, or intentionally or recklessly causes bodily harm. A sentence in assault and battery cases in Massachusetts can vary:

• An assailant in a simple assault or assault and battery charge faces a jail sentence of up to 2 1/2 years and/or a fine up to $1,000.
• If an assailant inflicts serious bodily injury during the course of the assault and battery, the punishment can elevate to up to five years in jail and a fine up to $5,000.

Additionally, Massachusetts has several specific laws assigning increased punishments in more severe cases.; For specific information on an assault or assault and battery charge contact a Massachusetts defense attorney.

Massachusetts Drunk Driving – OUI

A Massachusetts OUI (Operating Under the Influence) can be a serious offense with expensive consequences. A first time OUI in Massachusetts is punishable by a potential jail term up to 2 1/2 years, a fine between $500 - $5,000, an assortment of fees that could total up to $4,000, and a license suspension of up to one year. There are available defenses to an OUI charge, so if arrested contact a Massachusetts OUI attorney.

Right to Jury in Massachusetts

A criminal defendant in Massachusetts has the right to be tried by a jury. This right may be waived if the defendant files a written request with the court, and the court consents to the waiver. For more information on the process of waiving a right to jury trial in Massachusetts, contact a Massachusetts criminal defense attorney.

Trial Date in Massachusetts

After a Massachusetts defendant is arraigned the court will schedule a pre-trial conference where the parties and the judge will meet to determine a trial date for the case. After a trial date has been entered, a judge may grant a continuance only if not doing so would constitute injustice, or if the trial contains complex issues that require more time to prepare for.

Sentence Review / Appeal in Massachusetts

A Massachusetts defendant may file for a sentence review of a final judgment in any criminal case unless the sentence is already the minimum sentence. The sentence review panel consists of three judges, and will look over the case to determine if the sentence is upheld. A convicted defendant in Massachusetts may also file an appeal of the sentence or judgment. The sentence review or appeal process in Massachusetts requires timely attention to detail and procedure; contact a Massachusetts criminal lawyer for further assistance.

Massachusetts General Laws and Rules of Criminal Procedure

Click here for the General Laws of Massachusetts:

1. Drug Possession in Massachusetts
1. General Laws of Massachusetts, Part I: Administration of the Government, Title XV, Chapter 94C § § 32A, 32D, 32E, 34
2. Assault in Massachusetts
1. General Laws of Massachusetts, Part IV: Crimes, Punishments, and Proceedings in Criminal Cases, Title I, Chapter 265 § 13A
3. Massachusetts Drunk Driving – OUI
1. General Laws of Massachusetts, Part I: Administration of the Government, Title XIV, Chapter 90 § 24
4. Right to Jury in Massachusetts
1. General Laws of Massachusetts, Part IV: Crimes, Punishments, and Proceedings in Criminal Cases, Title I, Chapter 263 § 6
5. Sentence Review / Appeals in Massachusetts
1. General Laws of Massachusetts, Part IV: Crimes, Punishments, and Proceedings in Criminal Cases, Title II, Chapter 278 § § 28 A – C

1. Trial Date in Massachusetts
1. Massachusetts Rules of Criminal Procedure, Rules 10, 11