Sentencing in Felony Cases in Massachusetts

Getting charged with a felony in Massachusetts is overwhelming enough. But when it comes time for sentencing, many defendants and their loved ones feel completely in the dark.

Will the judge send you to prison? Are there alternatives to jail time? Is there anything you—or your attorney—can do to reduce the sentence?

At Fogarty Law, we believe you deserve answers, clarity, and a strong legal advocate by your side. Below, we break down what sentencing looks like in felony cases across Massachusetts—and what to expect if you or someone you care about is facing this life-altering process.

What Is a Felony in Massachusetts?

Under Mass. Gen. Laws Chapter 274, Section 1, a felony is any crime that may be punished by death or a sentence in state prison. In contrast, misdemeanor charges are punishable by a maximum of 2.5 years in a county jail or house of correction.

Common felony charges in Massachusetts include:

• Armed robbery
• Aggravated assault and battery
• Felony domestic violence
• OUI with prior convictions
• Drug trafficking
• Firearm offenses
• Burglary or home invasion

Felony cases are typically handled in Superior Court, such as the Bristol County Superior Court in Taunton or Fall River. In some cases, lower-level felonies may start in District Court before being bound over for trial.

How Sentencing Works in Felony Cases

Sentencing happens after a conviction—either by trial or by plea agreement. In Massachusetts, the judge is the one who decides your sentence. Jury members do not weigh in on what your punishment should be.

Depending on the case, sentencing may happen immediately after a conviction or plea, or it may be scheduled for a later date.

If it’s postponed, the court may order a pre-sentence investigation report, especially in serious felony cases. The probation department prepares this report, which includes background information, criminal history, and sentencing recommendations.

The judge considers:

• The nature and severity of the offense
• The defendant’s prior record
• Victim impact statements (if any)
• Whether the case involved a plea bargain
• Any mitigating or aggravating factors

Massachusetts judges have wide discretion, unless the crime carries a mandatory minimum sentence.

What Happens at a Felony Sentencing Hearing in Massachusetts?

At a felony sentencing hearing, several important steps occur:

1. The prosecution presents its sentencing recommendation, often citing the harm done and relevant sentencing precedent.
2. The defense presents mitigating arguments, which may include background details, rehabilitation efforts, or emotional appeals from family members.
3. The defendant may speak, though this isn’t required.
4. The judge announces the sentence, including any jail/prison time, probation terms, fines, or required programs.

If a pre-sentence investigation report was ordered, it will be considered at this stage. Victims may also provide input under the Massachusetts Victim Bill of Rights.

Sentencing hearings are typically held in open court and are part of the public record.

Key Factors That Influence Felony Sentencing

Every felony case is unique—but judges tend to weigh similar factors when deciding how to sentence a defendant. These include:

• Criminal history – Repeat offenders typically receive harsher sentences.
• Plea vs. trial – Defendants who plead guilty often receive lighter sentences.
• Remorse – Judges sometimes give more leniency to defendants who accept responsibility.
• Victim impact – In violent or financial crimes, the extent of harm to the victim is a crucial factor.
• Mitigating circumstances – Mental illness, addiction, or a history of abuse may be relevant.
• Aggravating circumstances – Use of a weapon, targeting a vulnerable victim, or gang involvement can increase penalties.

Mandatory Minimums and Sentencing Enhancements in Massachusetts

Some felony convictions in Massachusetts come with mandatory minimum sentences, which means the judge is legally barred from imposing a lighter sentence—even in compelling or sympathetic cases. We’ve broken down a few common examples below.

• Drug trafficking:
• • 14–28g of heroin or fentanyl: Minimum 5 years in state prison
  • 28–100g of cocaine or meth: Minimum 5 years
  • More than 200g: Minimum 15 years (Mass. Gen. Laws c. 94C, § 32E)

• Firearm offenses under the Bartley-Fox Law:
• • Carrying a firearm without a license: 1-year mandatory minimum sentence
  • No eligibility for parole, probation, or sentence reduction during that year (Mass. Gen. Laws c. 269, § 10)

• Felony OUI (3rd offense or more):
• • Third OUI: 150-day mandatory minimum in jail
  • Fourth OUI: Minimum 1 year, up to 5 years in state prison (Melanie’s Law)

In addition to mandatory minimums, Massachusetts imposes sentencing enhancements through its habitual offender laws. Under Mass. Gen. Laws c. 279, § 25:

• A person with two prior convictions for serious felonies can face life in prison without parole if convicted of a third.
• Enhancements also apply if you commit a felony while released on bail, or if the offense involves violence, weapons, or repeat victimization.

If your case involves a mandatory minimum or sentencing enhancement, Fogarty Law will examine every angle—challenging the underlying charge, questioning the prior convictions, and negotiating hard to avoid the harshest penalties the law allows.

Types of Felony Sentences: What the Judge May Order

Not every felony conviction leads to immediate prison time. Depending on your case and charges, your sentence may include:

• State prison – For serious felonies with long sentences (served in DOC facilities)
• House of correction (county jail) – For sentences of 2.5 years or less
• Suspended sentence – You don’t serve time unless you violate probation
• Split sentence – A combination of jail time and probation
• Straight probation – You avoid incarceration if you comply with strict conditions
• Fines and restitution – Especially in financial or property crimes
• Alternative sentencing programs – Rare but possible in some drug or veteran cases

Some judges will allow weekend sentences or concurrent sentencing depending on the charges and your criminal history.

Can a Felony Sentence Be Reduced After It’s Given?

Yes, but it’s not easy—and it’s never automatic.

Some possible options include:

• Appealing the sentence if it was improperly imposed
• Filing a Rule 30A motion to revise or revoke the sentence
• Seeking parole through the Massachusetts Parole Board, typically after serving a portion of the sentence
• Applying for commutation or clemency through the Governor’s Council
• Earning good time credit toward early release in certain cases

Keep in mind: many of these post-sentencing options are only available if you meet specific criteria. That’s why it’s critical to have an experienced criminal defense attorney involved as early in the process as possible.

How Fogarty Law Approaches Felony Sentencing Defense

At Fogarty Law, Attorney Courtney K. Fogarty takes sentencing preparation as seriously as trial prep. She will:

• Gather compelling evidence to present to the judge (letters, treatment records, witness statements)
• Explore all plea deal options and challenge mandatory minimums when possible
• Work with you to prepare a powerful sentencing statement if appropriate
• Leverage her former experience as an Assistant DA to anticipate the prosecution’s strategy

A felony conviction can change everything. Your freedom. Your job. Your relationships. But even if conviction is unavoidable, your sentencing outcome doesn’t have to be devastating.

Call Fogarty Law today at (508) 317-0339 to schedule your free 60-minute consultation. Attorney Courtney K. Fogarty will meet with you personally, review your case, and help you plan your next step—whether that means fighting for a reduced sentence, negotiating alternatives to jail, or filing for post-conviction relief.

Your future is still worth fighting for. Let’s start now.