Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 11 (2026)

Punishment by imprisonment only or by fine only when law prescribes both

✓ current as of July 2026

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Section 11. Whoever is convicted of a crime, punishable by fine and imprisonment either in the jail or house of correction, except a person convicted under section thirty G of chapter one hundred and thirty-eight, may at the discretion of the court, be sentenced to be punished by imprisonment only, or by a fine only, if he shows to the satisfaction of the court that he has not before been convicted of a similar crime.

Notes of Decisions

Cited in 2 cases, 1924–1991 · leading case: Commonwealth v. Brisson, 578 N.E.2d 805 (Mass. App. Ct. 1991).

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Commonwealth v. Brisson, 578 N.E.2d 805 (Mass. App. Ct. 1991). “See also G. L. c. 279, § 11. Because Brisson was a second-time offender, the judge was required under G.”

Commonwealth v. Markarian, 145 N.E. 305 (Mass. 1924). “280, and provides that where the penalty for an offence is *214 fine and imprisonment, except in a case here immaterial, the court may in its discretion sentence the offender to punishment by fine only or by imprisonment only “if he shows to the satisfaction of the court that he…”

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