Mass. Gen. Laws » Part IV Title II Chapter 279
Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 25 (2026)

Punishment of habitual criminals

✓ current as of July 2026
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Section 25. (a) Whoever is convicted of a felony and has been previously twice convicted and sentenced to state prison or state correctional facility or a federal corrections facility for a term not less than 3 years by the commonwealth, another state or the United States, and who does not show that the person has been pardoned for either crime on the ground that the person was innocent, shall be considered a habitual criminal and shall be punished by imprisonment in state prison or state correctional facility for such felony for the maximum term provided by law.

(b) Whoever: (i) has been convicted 2 times previously of 1 or more of the following offenses: section 1, section 13, section 131/2, clause (i) of subsection (b) of section 13A, section 13B, subsection (a) of section 13B 1/2, section 13B 3/4, section 13F, committing an assault and battery upon a child and by such assault and battery causing bodily injury or substantial bodily injury under subsection (b) of section 13J, section 14, section 15, clause (i) of subsection (c) of section 15A, section 16, sections 17 and 18 if armed with a firearm as defined in section 121 of chapter 140 section 18A, section 18B, section 18C, section 21, section 22, section 22A, section 22B, section 22C, section 23A, section 23B, section 24, section 24B, section 26, section 26B, section 26C, section 28, and subsection (b) of section 39 of chapter 265, section 14 or section 102C of chapter 266, section 4A, section 17, subsection (b) of section 29A, subsection (b) of section 29B, section 29C, section 35A and subsection (b) of section 53A of chapter 272, or has been convicted 2 times previously of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, arising out of charges separately brought and tried, and arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction; (ii) has been sentenced to incarceration at a state prison or state correctional facility or federal correction facility for at least 3 years to be served for each of the prior 2 convictions; and (iii) does not show that he has been pardoned for either prior offense on the ground that he was innocent shall, upon conviction of 1 of the enumerated offenses in clause (i), where the offense occurred subsequent to the second conviction, shall be considered a habitual offender and shall be imprisoned in the state prison or state correctional facility for the maximum term provided by law for the offense enumerated in clause (i). No sentence imposed under this subsection shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release or furlough or receive any deduction from such person's sentence for good conduct. A sentence imposed on a habitual offender under this subsection, if such habitual offender is incarcerated at a state prison or state correctional facility, shall commence upon the conclusion of the sentence such habitual offender is serving at the time of sentencing.

(c) No person shall be considered a habitual offender under subsection (b) based upon any offense for which such person was adjudicated a youthful offender, a delinquent child, or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority for which a person was treated as a juvenile.

(d) Upon sentencing a defendant to a qualifying term of incarceration, or prior to accepting a guilty plea for any qualifying offense listed in subsection (b), the court shall inform the defendant that a conviction or plea of guilty for such an offense implicates the habitual offender statute and that upon conviction or plea of guilty for the third or subsequent of said offenses: (1) the defendant may be imprisoned in the state prison for the maximum term provided by law for such third or subsequent offense; (2) no sentence may be reduced or suspended; and (3) the defendant may be ineligible for probation, parole, work release or furlough, or to receive any deduction in sentence for good conduct. No otherwise valid plea or conviction shall be vacated based upon the failure to give such warnings.

Notes of Decisions
Cited in 76 cases (6 in the last 5 years), 1974–2026 · leading case: Commonwealth v. Garvey, 76 N.E.3d 987 (Mass. 2017).
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Commonwealth v. Garvey, 76 N.E.3d 987 (Mass. 2017). · cites it 6× “This case requires us to interpret G. L. c. 279, § 25 (a), one provision in the habitual criminal statute, G.”
Commonwealth v. Tuitt, 473 N.E.2d 1103 (Mass. 1985). · cites it 6× “On the basis of several prior offenses, he was punished as an habitual offender under G.L.c. 279, § 25, and sentenced to life imprisonment.”
Commonwealth v. Ruiz, 108 N.E.3d 447 (Mass. 2018). · cites it 9× “**683 Once again we have occasion to interpret G. L. c. 279, § 25 ( a ) ( § 25 [ a ] ), which requires that a "habitual criminal" -- a defendant who has been convicted of a felony and has two prior convictions resulting in State or Federal prison sentences of three years or more…”
Deville v. State, 858 A.2d 484 (Md. 2004). · cites it 2× “, Mass. Gen. Laws ch. 279, § 25 (2002); Neb.”
Commonwealth v. Means, 907 N.E.2d 646 (Mass. 2009). · cites it 2× “Immediately following his convictions, the defendant was tried on indictments charging him with being a habitual criminal, G. L. c. 279, § 25, before the same jury.”
Fletcher v. Dickhaut, 834 F. Supp. 2d 10 (D. Mass. 2011). · cites it 8× “After a bench trial a few days later, he was found to be an habitual criminal, under M.G.L. c. 279, § 25 (“the habitual offender statute”), and sentenced to a term of between 10 and 20 years imprisonment.”
Commonwealth v. Hall, 492 N.E.2d 84 (Mass. 1986). · cites it 6× “G. L. c. 279, § 25 (1984 ed.). He pleaded not guilty and was tried before the same jury that had just convicted him on the breaking and entering charge.”
Commonwealth v. Pagan, 834 N.E.2d 240 (Mass. 2005). · cites it 2× “For example, the habitual offender statute, G. L. c. 279, § 25, does not increase the maximum penalty based on the defendant’s prior criminal record, but makes that maximum penalty a mandatory sentence.”
Limone v. United States, 579 F.3d 79 (1st Cir. 2009). “See Mass. Gen. Laws ch. 279, § 25 . Barboza indicated a willingness to deal but placed one immutable condition on any information that he might provide: he would not inculpate his close associate, Flemmi.”
Commonwealth v. Allen, 494 N.E.2d 55 (Mass. App. Ct. 1986). · cites it 6× “G. L. c. 279, § 25. The judge found the defendant guilty of that offense.”
Commonwealth v. Figueroa, 982 N.E.2d 1173 (Mass. 2013). · cites it 2× “268, § 13B; and for being a habitual criminal, in violation of G. L. c. 279, § 25. The defendant waived his right to a trial by jury, and was tried by a judge.”
Commonwealth v. Perry, 843 N.E.2d 640 (Mass. App. Ct. 2006). · cites it 6× “1 Following the entry of the guilty verdicts, the defendant was arraigned on three indictments alleging that he was a habitual offender, see G. L. c. 279, § 25. After a jury-waived trial, the judge convicted the defendant of being a habitual offender.”
Show all 76 citing cases →
— Mass. Gen. Laws ch. 279, § 25(a) — 2 cases
Commonwealth v. Luckern, 87 Mass. App. Ct. 269 (Mass. App. Ct. 2015).
Commonwealth v. Billingslea (Mass. 2020).
— Mass. Gen. Laws ch. 279, § 25(b) — 2 cases
Commonwealth v. Billingslea (Mass. 2020).
Salvatore F. Dimasi v. William F. Galvin, in His Off. Capacity as Sec'y of the Commonwealth of Massachusetts (Mass. Super. Ct. 2020).
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