WHAT EACH CHARGE CARRIES
17 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Massachusetts has no offense classes. A crime that can be punished in state prison is a felony and every other crime a misdemeanor, and each crime sets its own penalty, so each level here names the term and fine its own section sets.
17 charges
Larceny
MISD to FELONY · up to Set by the offense; state prison is possible
Also searched as stealing, theft, embezzlement, false pretenses
Stealing, obtaining property by a false pretense with intent to defraud, or converting another's property with intent to steal or embezzle.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$1,500 fine | When$1,200 or less: up to one year in jail |
| FELONYFelony | Set by the offense; state prison is possible$25,000 fine | WhenMore than $1,200, or any firearm: up to five years in state prison, or up to two years in jail |
Shoplifting
MISD · up to Set by the offense, in a jail or house of correction
Also searched as retail theft, stealing from a store, price tag switching
Taking or concealing merchandise, switching price tags or containers, recording a lower price, or taking a shopping cart, with intent to deprive the merchant.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$250 fine | WhenUnder $250, a first offense: a fine only |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$500 fine | WhenUnder $250, a second offense: a fine only, with a minimum the section sets |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$500 fine | WhenUnder $250, a third or later: up to two years in jail |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$1,000 fine | When$250 or more: up to two and one-half years |
A merchant's or employee's statement that a person shoplifted is probable cause for an arrest without a warrant.
Possession of a controlled substance
MISD · up to Set by the offense, in a jail or house of correction
Also searched as drug possession, possession, heroin possession
Possessing a controlled substance without a prescription.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$1,000 fine | WhenMost controlled substances: up to one year |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$2,000 fine | WhenHeroin, a first offense: up to two years |
A person convicted for the first time of possessing marijuana or a Class E substance, with no earlier drug conviction, is placed on probation unless they decline or the court explains why not.
Marijuana civil violations
CIVIL · no jail
Also searched as smoking weed in public, open container of marijuana, visible plants
Breaking one of the limits the adult use law sets, such as using in public or keeping an open container in a vehicle's passenger area.
| Kind | Up to | When |
|---|---|---|
| CIVILCivil violation | No jail$100 fine | WhenUsing marijuana in a public place, or smoking it where tobacco smoking is banned |
| CIVILCivil violation | No jail$300 fine | WhenPlants visible from a public place, or grown outside a locked area, with forfeiture |
| CIVILCivil violation | No jail$500 fine | WhenAn open container of marijuana in a vehicle's passenger area |
At 21 or older, 2 ounces or less is lawful, and up to 10 ounces at one's primary residence.
Disorderly conduct, and disturbing the peace
MISD · up to Set by the offense, in a jail or house of correction
Also searched as disturbing the peace, disorderly person, accosting
Being a disorderly person or a disturber of the peace, or accosting or annoying another person with offensive and disorderly acts or language.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$150 fine | WhenA first offense: a fine only |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$200 fine | WhenA later offense, or accosting or annoying another: up to 6 months |
Resisting arrest
MISD · up to Set by the offense, in a jail or house of correction
Also searched as resisting, fighting the officer, pulled away
Knowingly preventing or trying to prevent an officer acting under color of authority from arresting oneself or another, by physical force or violence or a means creating a substantial risk of bodily injury.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$500 fine | WhenThe ordinary case: up to two and one-half years in jail |
An unlawful arrest is no defense, unless the officer was using unreasonable or excessive force giving rise to a right of self defense.
Interception of wire and oral communications
FELONY · up to Set by the offense; state prison is possible
Also searched as wiretapping, secret recording, recording a call, two party consent
Willfully secretly hearing or secretly recording a wire or oral communication with a device, without prior authority from all the parties.
| Kind | Up to | When |
|---|---|---|
| FELONYFelony | Set by the offense; state prison is possible$10,000 fine | WhenThe ordinary case: up to five years in state prison or two and one half years in jail |
The statute's word is secretly: what it forbids is hearing or recording in secret.
Carrying a firearm without a license
FELONY · up to Set by the offense; state prison is possible
Also searched as gun without a license, unlicensed firearm, Bartley-Fox
Knowingly having a firearm in one's possession or control in a vehicle, away from one's residence or business, without a license to carry or another listed exemption.
| Kind | Up to | When |
|---|---|---|
| FELONYFelony | Set by the offense; state prison is possibleNone set by the section fine | WhenTwo and one-half to five years in state prison, or 18 months to two and one-half years in jail, and not less than 18 months |
The sentence cannot be suspended, or replaced with probation.
Leaving the scene of an accident
MISD · up to Set by the offense, in a jail or house of correction
Also searched as hit and run, drove off after a crash, leaving the scene
Driving away without stopping and making known one's name, residence and registration number, after knowingly colliding with or injuring a person, or damaging a vehicle or property.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$20 to $200 fine | WhenDamage to a vehicle or property: two weeks to two years |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$500 to $1,000 fine | WhenInjury to a person: six months to two years |
Reckless or negligent operation
MISD · up to Set by the offense, in a jail or house of correction
Also searched as reckless driving, negligent driving, racing
Operating a motor vehicle recklessly, or negligently so that the lives or safety of the public might be endangered, or in a race or on a bet.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$20 to $200 fine | WhenThe ordinary case: two weeks to two years |
Operating after suspension or revocation
MISD · up to Set by the offense, in a jail or house of correction
Also searched as driving on a suspended license, revoked license, someone else's license
Operating a motor vehicle after one's license or right to operate was suspended or revoked, and before it is restored.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$500 to $1,000 fine | WhenA first offense: up to ten days |
| MISDMisdemeanor | Set by the offense, in a jail or house of correctionSet by the offense fine | WhenA later offense: sixty days to one year |
The same penalties apply to showing an officer someone else's license to conceal one's identity.
Under 21 in possession of alcohol
MISD · up to Set by the offense, in a jail or house of correction
Also searched as underage drinking, MIP, minor in possession
A person under twenty-one, without a parent or legal guardian present, knowingly possessing, transporting or carrying alcohol.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$50 fine | WhenA first offense: a fine only |
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$150 fine | WhenAfter that: a fine only |
The registrar suspends the person's license for ninety days.
Furnishing alcohol to a person under 21
MISD · up to Set by the offense, in a jail or house of correction
Also searched as buying for minors, party at my house, furnishing alcohol
Selling, delivering or furnishing alcohol to a person under 21, including knowingly letting one, other than one's own children or grandchildren, possess it on property one controls.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$2,000 fine | WhenThe ordinary case: up to one year |
Trespass
MISD · up to Set by the offense, in a jail or house of correction
Also searched as trespassing, refused to leave, no trespassing sign
Entering or remaining without right in another's dwelling, buildings, boats, or improved or enclosed land, after being forbidden directly or by a posted notice, or in violation of a court order.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$100 fine | WhenThe ordinary case: up to thirty days |
The section does not apply to a tenant who entered rightfully and stays after the tenancy has or is said to have ended.
Assault, and assault and battery
MISD to FELONY · up to Set by the offense; state prison is possible
Also searched as assault, battery, hit someone, fight, A and B
An assault, or an assault and battery, on another person.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$1,000 fine | WhenThe ordinary case: up to two and one-half years in a house of correction |
| FELONYFelony | Set by the offense; state prison is possible$5,000 fine | WhenCausing serious bodily injury, against a person known to be pregnant, or against a person with a protective order in effect: up to 5 years in state prison |
Criminal harassment
MISD · up to Set by the offense, in a jail or house of correction
Also searched as harassment, harassing texts, pattern of conduct
Willfully and maliciously engaging in a knowing pattern of conduct or series of acts over time, directed at a specific person, that seriously alarms them and would cause a reasonable person substantial emotional distress.
| Kind | Up to | When |
|---|---|---|
| MISDMisdemeanor | Set by the offense, in a jail or house of correction$5,000 fine | WhenThe ordinary case: up to two and one-half years in a house of correction |
Stalking
FELONY · up to Set by the offense; state prison is possible
Also searched as following someone, threats, course of conduct
The same kind of pattern as criminal harassment, together with a threat made to put the person in imminent fear of death or bodily injury.
| Kind | Up to | When |
|---|---|---|
| FELONYFelony | Set by the offense; state prison is possible$1,000 fine | WhenThe ordinary case: up to 5 years in state prison |
Every kind of offense on this page, for reference
Whether a crime is a felony turns on whether state prison is a possible sentence, not on the sentence actually given.
- CIVILCivil violationNo jailSet by the section
- MISDMisdemeanorSet by the offense, in a jail or house of correctionSet by the offense
- FELONYFelonySet by the offense; state prison is possibleSet by the offense
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Criminal harassmentWillfully and maliciously engaging in a knowing pattern of conduct over time, directed at a specific person, that seriously alarms them and would cause a reasonable person substantial emotional distress.
- FelonyA crime punishable by death or imprisonment in the state prison; all other crimes are misdemeanors.
- HazingAny conduct or method of initiation into a student organization, on public or private property, that wilfully or recklessly endangers the physical or mental health of a student or other person.
- LarcenyStealing, obtaining property by a false pretense with intent to defraud, or converting another's property with intent to steal or embezzle.
- Personal recognizanceRelease without surety, which a person held under arrest gets unless the judicial officer decides it will not reasonably assure appearance in court.
- Resisting arrestKnowingly preventing or trying to prevent a police officer acting under color of official authority from arresting oneself or another, by using or threatening force, or by means creating a substantial risk of bodily injury.
- SealingClosing a criminal record, done by the commissioner of probation on a signed request once a misdemeanor record is 3 years old or a felony record 7, with no new conviction in that time.
- ShopliftingTaking or concealing merchandise, switching price tags or containers, recording a lower price, or taking a shopping cart, with intent to deprive the merchant; under $250 a first offense is punished by a fine.
- TrespassEntering or remaining without right in another's dwelling, buildings, boats, or improved or enclosed land after being forbidden by the person in lawful control, directly or by a posted notice.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Massachusetts attorney can tell you what yours is. Current as of September 2026.