What An Offense Level Means
G.L. c. 274, § 1 — a crime punishable by state prison is a felony, and every other crime a misdemeanor
The whole definition. "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors." Whether a crime is a felony turns on whether state prison is a possible sentence, not on the sentence actually given.
A person convicted of a misdemeanor punishable by imprisonment may, unless a statute expressly provides otherwise, be sentenced to the jail or the house of correction. If no statute provides a punishment for a crime, the court imposes a sentence according to the nature of the crime that conforms to the common usage and practice in the commonwealth.
Each crime's own penalty is set in the section that creates it, and the pages for particular offenses give it. Civil infractions and sentencing guidelines are not covered here.
Sources for this section (2)
- G.L. c. 274, § 1 — Felonies and misdemeanors
- G.L. c. 279, § 5 — Sentence if no punishment is provided by statute
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.