Massachusetts General Laws

Mass. Gen. Laws ch. 274, § 1 (2026)

Felonies and misdemeanors

✓ current as of July 2026

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Section 1. A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.

Notes of Decisions

Cited in 49 cases (3 in the last 5 years), 1923–2025 · leading case: Commonwealth v. Matchett, 436 N.E.2d 400 (Mass. 1982).

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Commonwealth v. Matchett, 436 N.E.2d 400 (Mass. 1982). · cites it 2× “See G.L.c. 274, § 1. This court has never automatically applied the felony-murder rule without viewing the facts of the case.”

Kobrin v. Bd. of Reg. in Med., 832 N.E.2d 628 (Mass. 2005). “See G. L. c. 274, § 1; G. L. c. 118E, § 40. The petitioner states that, even though he argued for more than the ten minutes allotted by the board, this was not enough time.”

Chardin v. Police Comm'r, 989 N.E.2d 392 (Mass. 2013). · cites it 2× “269, § 10 (a), provided that such an offense was punishable by “imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than one year nor more than two and one-half years in a jail or house of correction.”

Texas Dep't of Pub. Saf. v. Anonymous Adult Texas Resident, 382 S.W.3d 531 (Tex. App. 2012). · cites it 2× “011 (f) (making sexual assault a second-degree felony); Mass. Gen. Laws. Ann. ch. 274, § 1 ("A crime punishable by death or imprisonment in the state prison is a felony.”

Commonwealth v. Smith, 829 N.E.2d 1090 (Mass. 2005). · cites it 3× “” G. L. c. 274, § 1. Other statutes distinguish “felony” convictions from “misdemeanor” convictions for a variety of purposes.”

Berhe v. Gonzales, 464 F.3d 74 (1st Cir. 2006). “See Mass. Gen. Laws ch. 274, § 1 (“A crime punishable by death or imprisonment in the state prison is a felony.”

Commonwealth v. Kessler, 817 N.E.2d 711 (Mass. 2004). “See G. L. c. 274, § 1. It is logical that there are elements of proof applicable to the felony that are not required for the misdemeanor, and our holding is consistent with that.”

Commonwealth v. Snow, 298 N.E.2d 804 (Mass. 1973). · cites it 2× “94, §§ 205, 212 and 212A, for punishment for crimes of possession of a narcotic drug, possession of heroin, and sale of heroin or possession thereof with intent to sell it.”

Onwuamaegbu v. Gonzales, 470 F.3d 405 (1st Cir. 2006). “§ 1182 (a)(9) (repealed), and argues that his state conviction meets this criterion given that larceny by check is classified and/or punishable as a “misdemeanor” under Massachusetts law, see Mass. Gen. Laws Ann. ch. 274, § 1 . He further contends that his failure to disclose…”

Commonwealth v. Gagnon, 441 N.E.2d 753 (Mass. 1982). “” Since a felony is defined as “[a] crime punishable by death or imprisonment in the state prison,” with all other crimes being misdemeanors, G. L. c. 274, § 1, it would appear that § 32 (a) is intended to be a felony provision.”

Commonwealth v. Shipps, 507 N.E.2d 671 (Mass. 1987). “See G. L. c. 274, § 1 (1984 ed.). A juvenile who is arrested for the commission of the equivalent of a felony may be charged only with delinquency.”

Commonwealth v. Graham, 818 N.E.2d 1069 (Mass. App. Ct. 2004). “266, § 20, which provides: “Whoever steals in a building, ship, vessel or railroad car shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.”

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